
Class J^a?^51tA 



V 



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DIGEST OF LAWS 



RELATING TO 



FRKE SCHOOLS 



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A 



STATE OF ARKANSAS. 



ISSUED BY THE 
DEPARTMENT OP PUBLIC INSTRUOTION. 



PRESS OF 

TUNNAH 4. PITTABD, LITTLE ROCK, AhK. 

1901, 






By cransi'er 

|i,PR 9-1909 



DIGEST OF SCHOOL LAWS. 



I. SCHOOLS. 



FEEE SCHOOLS — SUPPORT OF. 



Section 6930. Intelligence and virtue being the 
sate-guards of liberty, and the bulwark of a free and good 
government, the state shall ever maintain a general, 
suitable and efficient system of free schools; whereby 
all persons in the state, between the age of six and 
twenty-one years, may receive gratuitous instruction. 

Sec. 6931. The general assembly shall provide, by 
general laws, for the support of common schools by 
taxes, which shall never exceed in any one year two mills 
on the dollar on the taxable property of the state; and 
by an annual per capita tax of one dollar, to be assessed 
on every male inhabitant of this state over the age of 
twenty-one years. Provided, The general assembly 
may, by general law, authorize school districts to 
levy, by a vote of the qualified electors of such districts, 
a tax not to exceed five mills on the dollar in any one 
year for school purposes. Protyided further, That no 
such tax shall be appropriated to any other purpose, nor 
to any other district, than that for which it was levied. 
Art. 14, sees. 1 and 3, Const. 

common school fund. 

Sec. 6932. The proceeds of all lands that have been, 
or hereafter may be, granted by the United States to 
this state, and not otherwise appropriated by the United 
States or this state ; also all moneys, stocks, bonds, lands 
and other property now belonging to any fund for pur- 
poses of education ; also the net proceeds of all sales of 
lands and other property and effects that may accrue 
to this state by escheat, or from sales of estrays, or from 



4 SCHOOL LAWS. 

unclaimed dividends, or distributive shares of the estates 
of deceased persons; also any proceeds of the sale of 
public lands which may have been, or may be hereafter, 
paid over to the state (congress consenting) ; also ten 
per cent of the net proceeds of the sales of all state lands, 
and it shall be the duty of the state treasurer to set this 
ten per cent to the credit of the common school fund 
when he receives the proceeds of this sale from the state 
land commissioner; also all the grants, gifts or devises 
that have been or hereafter may be made to this state, 
and not otherwise appropriated by the tenure of the 
grant, gift or devise, shall be securely invested and 
sacredly preserved as a public school fund that shall be 
designated as the "common school fund" of the state, 
and which shall be the common property of the state, 
except the proceeds arising from the sale or lease of the 
sixteenth section. Act December 7, 1875, sec. 1, as 
amended March 15, 1897. 

No money or property belonging to the public school fund, or to 
this state, for the benefit of schools or universities, shall ever be 
used for any other than for the respective purposes to which it be- 
longs. Art. 14, sec. 2, Const. 

Sec. 6933. The county courts of the various coun- 
ties are authorized and empowered to place to the credit 
of the common school fund of the county, any and all 
school funds that may be in the county treasury, de- 
rived from various sources, and about which there is 
any doubt as to their proper application with the county 
court, and said school funds, when so placed to the credit 
of the common school fund, shall be, by said county 
courts, apportioned among the school districts of the 
county as is now provided by law. 

Act CLIX, approved May 8, 1899, provides that all funds arising 
from the sale of sixteenth section lands, after the passage of the act, 
shall become a part of the common school fund subject to distribu- 
tion among the school districts of the state. This act repeals sections 
6934 and 6935. See page 76. 

Sec. 6936. The annual income from the said 
fund, together with one dollar 2^er capita to be annually 
assessed on every male inhabitant over the age of twen- 
ty-one years, and so much of the ordinary annual rev- 
enues of the state as may hereafter be set apart by law 
for such purposes, shall be faithfully appropriated for 
maintaining a system of free common schools for this 



SCHOOL LAWS. 5 

state, and shall be appropriated to no other purpose 
whatever. Act December 7, 1875, sec. 2. 

Sec. 6937. The state auditor shall, on requisition 
from the state superintendent of public instruction, 
draw warrants on the state treasurer for payment to 
the several county treasurers of the school revenues due 
their respective counties. 

Sec. 6938. The j)er capita tax levied by the general 
revenue laws of the state shall be collected by the county 
collector at the same time and place that the state taxes 
are collected, and be paid in the county treasury on or 
before the first day of July of each year, in the presence 
of the county court clerk, who shall make a record of 
the same as a revenue for the support of common schools. 
/&., sees. 31-2. 

The penalty collected for the non-payment of taxes on peJfeonal 
property is to be paid into the county school fund. See sec. 6589. 

Sec. 6939. In payment of debts by executors and 
administrators, the debts due the common school fund 
shall have a preference over all other debts, except fun- 
eral and other expenses attending the last sickness. 

Sec. 6940. No justice of the peace, constable, clerk 
of a court or sheriff shall charge any cost in any suit 
where the collector or any other officer sues for the re- 
covery of any money due to the common school fund, if 
the plaintiff in such cause is unsuccessful. Act Jan- 
uary 11, 1853, sees. 50 and 55. 

ACT XXXIX. 

AN ACT to enforce the collection of such notes, claims and moneys 
as may be in possession of attorneys under the appointment of 
the attorney general of this state, belonging to the funds aris- 
ing from the sale of the sixteenth section of lands. 

Be it enacted by the General Assembly of the State of Arkansas: 

Section 1, That it is hereby made the duty of the 
commissioner of state lands of this state immediately 
after the passage of this act, to make demand upon each 
attorney wlio may have been appointed to collect all 
claims and notes due the school fund arising from the 
sale of the sixteenth section lands, under an act of March 
31, 1885, for such notes and claims which are now un- 



6 SCHOOL LAWS. 

collected, and for such moneys as may have been col- 
lected by any attorney aforesaid, and not accounted for 
as shown by the records of said commissioner of state 
lands. 

Sec. 2. That it is hereby made the duty of each at- 
torney heretofore appointed of each county in this state, 
when demand is made, as provided in section one of this 
act, to make out and present a verified statement of all 
notes, claims, bonds or judgments still in his hands not 
collected, and transmit same to said commissioner of 
state lands; said statement shall show what amount of 
money be in his hands, if any, which has been collected 
and not accounted for i)elonging to said fund. 

Provided, That such money as may not have been 
accounted for, shall be paid by said attorney into the 
state treasury within sixty days after demand is made, 
taking triplicate receipts therefor, one of which shall be 
filed with the auditor of state, and one with the said 
commissioner of state lands; 

Provided further, That for the purpose of enabling 
any attorney aforesaid and commissioner of state lands 
to settle, the treasurer of state, when required, shall 
render to the commissioner of state lands or to such at- 
torney, or each of them, an itemized statement of the 
amount which may have been paid, receipt for which has 
not been filed as required by law and which may be lost, 
misplaced, or otherwise destroyed. 

Sec. 3. If any attorney shall fail or refuse to make 
out such verified statement, and transmit same as pro- 
vided in this act, or shall fail or refuse to pay such 
moneys as herein provided, within the time mentioned 
in this act, or should he fail or refuse to perform any 
duty required of him in this act, he shall be declared 
and be considered a delinquent by said commissioner of 
state lands. 

Sec. 4. In any case where any attorney shall fail to 
comply with any of the provisions of this act, it is hereby 
made the duty of the commissioner of state lands to re- 
port such delinquent attorneys to the attorney general 
of this state, together with a statement of the amount 
due from such "delinquent attorney, either in notes, 
claims or bonds belonging to said fund, as shown by the 



SCHOOL LAWS. 7 

records of his aud the treasurer's office, and transmit 
same together with the receipt and bond of said attorney, 
taking his receipt therefor. 

Sec. 5. On receipt of said statement, receipt and 
bond of any delinquent attorney, by the attorney general 
of this state, it shall be, and is hereby made his duty to 
institute, or cause to be instituted, the necessary legal 
proceedings in the j)roper county against said delin- 
quent attorney and his bondsmen, for such amount as 
may be due said fund from said delinquent attorney. 
Said attorney general shall be allowed to retain ten per 
centum of the amount so collected as commission, and 
the residue shall be by him paid over to the treasurer of 
state, which shall be placed by said treasurer to the 
credit of the county's sixteenth section school fund, to 
which said moneys rightfully belong, and the said treas- 
urer of state, in each payment aforesaid, shall i^ue 
triplicate receipts, one of which shall be filed with the 
auditor of state, and one with the commissioner of state 
lands. 

Sec. 6. In case any attorney has died since his 
appointment without making settlement as provided in 
said act of March 31, 1885, it shall be the duty of the 
attorney general to proceed against his estate in the pro- 
per county, either in law or equity. 

Sec. 7. In order to facilitate the collection of said 
claims from any delinquent attorney aforesaid, the at- 
torney general may call to his assistance the prosecut- 
ing attorney of the proper county ; 

Provided, That not more than ten per centum of 
said fund shall be retained for the collection of any 
amount as provided in section five of this act. 

Sec. 8. Such notes and claims as may be collected 
by the commissioner of state lands from any delinquent 
attorney, or from any other source, as provided in this 
act, the said attorney general shall proceed without 
unnecessary delay to collect the same in the manner and 
form as now provided under the act of March 31, 1885. 

Sec. 9. That this act take effect and be in force 
from and after its passage. 
Approved March 8, 1897. 



8 SCHOOL LAWS. 

COMMISSIONERS OF SCHOOL FUND. 

Sec. 6941. The secretary of state, auditor and 
state superintendent of public instruction shall consti- 
tute a board of commissioners of the common school 
fund, and shall meet annually at the office of said super- 
intendent on the first Monday in September in each 
year. Provided, The secretary of state may assemble 
the members of said board any time at his discretion. 
Amended hy act of April 23, 1901. 

Sec. 6942. The secretary of state shall be presi- 
dent of said board and shall sign the journal of each 
day's proceedings. Act of Dec. 7, 1875, sees. 3-4, as 
amended hy act of April 10, 1893. 

Sec. 6943. The superintendent of public instruc- 
tion shall act as secretary of the said board, and shall 
keep a faithful, correct record of the proceedings, and 
shall keep the said record open at all times for inspec- 
tion. A copy of said record, certified by the secretary 
of the board, shall be in all cases received as evidence 
equal with the original. 

Sec. 6944. The said board of school commissioners 
shall have the management and investment of the com- 
mon school fund belonging to the state, and shall from 
time to time, as the same may accumulate, securely in- 
vest the said funds in bonds of the United States or the 
State of Arkansas. 

Sec. 6945. That all moneys required by law to be 
paid into the treasury to the credit of the common 
school fund may, if the same be not paid within thirty 
days after they shall have become due and payable, be 
recovered, with interest due thereon, by action in any 
court having jurisdiction; and such action shall be 
prosecuted by the attorney general of the state, or by 
the prosecuting attorney of any judicial district within 
this state, when directed by the said board. 

Sec. 6946. All moneys belonging or owing to the 
common school fund, as mentioned in section 6932, or 
accruing as revenues therefrom, together with the state 
school tax, shall be paid directly into the state treasury, 
and shall not be paid out except on the warrant of the 
auditor. Act Dec. 7, 1875, sees. 5-8. 



SCHOOL LAWS. V 

Seo. 6947. The state auditor shall be the account- 
ant of said board, and shall, annually, on the first Mon- 
day in October, transmit to the governor and to the su- 
perintendent of public instruction a report of the condi- 
tion of the school fund on the first day of July last pre- 
ceding, with an abstract of the accounts thereof in his 
office. 

Sec. 6948. The auditor shall, under the direction 
of the board of commissioners, draw warrants on the 
state treasurer for the payment of all or any portion of 
the common school fund belonging to the state, for the 
purchase of bonds or other securities in which the same 
is by law invested. 

Sec. 6949. The state treasurer shall, by virtue of 
such warrant, pay from the uninvested common school 
fund the purchase money for said securities, and sijiall 
receive and deposit the same in the state treasury for 
safe-keeping, and receipt to the president of the board 
of commissioners for the kind and amount of such secur- 
ities. 

Sec. 6950. The said board shall, at their annual 
meeting, settle with the state treasurer all acccounts 
of the common school fund not before settled. lb., sees. 
9-12. 

SUPERVISION OF PUBLIC SCHOOLS. 

Sec. 6951. The supervision of public schools, and 
the execution of the laws regulating the same, shall be 
vested in and confided to such officers as may be pro- 
vided for by the general assembly. Art. 14, sec. 4, 
Const. 

STATE superintendent OP PUBLIC INSTRUCTION. 

Sec. 6952. At the next general election, and every 
two years thereafter, there shall be elected a state super- 
intendent of public instruction, by the qualified electors 
of this state, as state officers are now elected. 

Sec. 6953. Before entering upon the duties of his 
office, he shall take and subscribe the oath prescribed for 
officers by the constitution of this state, and shall file 
such oath with the secretary of state. 



10 SCHOOL LAWS. 

Sec. 6954. The snperintendent of public instruc- 
tion shall be charged with the general superintendence 
of the business relating to the free common schools of 
this state. 

Sec. 6955. He shall open at the seat of the state 
government (at the expense of the state) a suitable office, 
in Avhicli he shall keep all books, reports, documents and 
other papers pertaining to his department, and where he/ 
shall be in attendance when not necessarily absent on 
business, and have i)ersonal supervision of the business 
affairs of his office, and keep a clear and correct record 
thereof. 

Sec. 6956. He shall furnish suitable questions for 
the examination of teachers to the county examiner; he 
shall hold a teachers' institute annually in each judicial 
district of the state, to be called a normal district insti- 
tute; he shall arrange the programme exercises for each 
of such institutes, and preside thereat. Provided, If 
he should not be present, the teachers who may have 
assembled may organize and hold such normal district 
institute. 

Sec. 6957. He shall prepare and transmit to the 
county examiners, school registers, blank certificates, 
reports and other printed blanks, together with other 
suitable blanks, forms and printed instructions, to be 
forwarded to directors and other school officers, as may 
be necessary to aid such officers in making their reports 
and carrying into full effect the various provisions of 
the school laws of this state. Act Dec. 7, 1875, sees. 
13-16. 

Sec. 6958. The superintendent of public instruc- 
tion shall prepare a form of poll books to be used by the 
directors of the various school districts of this state at 
their annual elections as are now, or may hereafter be 
provided by law, and have the same printed as other 
blanks for school purposes ; and shall transmit the same 
to the county examiner of each county for distribution 
to school directors in the same manner as other school 
blanks are now, or shall hereafter be distributed. Act 
March 2, 1877. 

Sec. 6959. He shall exercise such supervision over 
the school funds as to ascertain the amount and disposal 



SCHOOL LAWS. 11 

made of the same, their protection and safety when in- 
vested or deiDosited, and recommend measures for their 
security and preservation, and for rendering them most 
productive of revenue; shall enforce the strict applica- 
tion of the school revenues to the legitimate purposes for 
which they were intended, and shall, when directed by 
the commissioners of the school fund, cause to be insti- 
tuted, in the name of the State of Arkansas, suits or ac- 
tions for the recovery of any portion of the said funds of 
said revenues that may be squandered, illegally applied 
or unsafely deposited. 

Sec. 6960. He shall, on or before the first day of 
November in each year, prepare and submit to the gov- 
ernor of this state an annual report, in writing, showing 
the number of persons between the ages of six and twen- 
ty-one years residing in the state on the first day of the 
preceding Jul}^; the number of such persons in each 
county; the number of each sex; the number of \^ite; 
the number of colored ; the whole number of such persons 
that attended the free common schools of the state dur- 
ing the year ending the thirtieth day of the last preced- 
ing June, and the number in each county that attended 
during the same period; the number of whites of each 
sex that attended, and the number of colored of each 
sex that attended the said schools; the number of com- 
mon schools in the state; the number of pupils that stud- 
ied each of the branches taught ; the average wages paid 
teachers of each sex ; the relative average wages paid to 
male and female teachers respectively, according to the 
different grades of their certificates; the number of 
school houses erected during the year; the material and 
cost thereof ; the number ijreviously erected, the material 
of which they were constructed, their condition and 
value; the number with their grounds enclosed; the 
counties in which teachers' institutes were held, and the 
number that attended the institutes in each county. 

Sec. 6961. He shall likewise report the amount of 
permanent school fund belonging to the state at the 
close of the fiscal school year, and the amount of other 
property apportioned to school purposes; the nature, 
kind and amount of such investments made of the same ; 
the safety and permanency of such investments ; the 
amount of revenue accruing from the school funds ; the 



12 SCHOOL LAWS. 

income received from the per capita assessments of each 
county, and the amount derived from such assessment 
in all the counties of the state ; the income derived from 
all other sources, together with the amount derived from 
each; likewise in what sums, for what purposes and in 
what manner the said school revenue shall have been ex- 
pended, and what amount of school moneys of various 
kinds are in the various county treasuries unexpended. 

Sec. 6962. He shall include in his report such 
plans as he may have matured for the improvement of 
the common school system of this state ; for the accumu- 
lation, the investment and the more judicious manage- 
ment of the common school fund, and, when he may deem 
it advisable, shall recommend measures for a more eco- 
nomical and advantageous collection and expenditure 
of the revenues accruing from the said fund ; and whe n- 
ever it comes to his knowledge that any of the invest- 
ments of the school funds are not safe, or that any por- 
tion of the said fund is liable to be lost, that it is unpro- 
ductive of revenue, or that any of the school revenues 
have been diverted from their proper channel or from 
the appropriate objects contemplated, he shall report 
the facts to the governor and to the general assembly, if 
in session. 

Sec. 6963. He shall also append to his report, a 
statistical table, compiled from the materials trans- 
mitted to his office by school officers, with proper sum- 
maries, averages and totals given. 

Sec. 6964. He shall present such a comparison of 
results, and such an exhibit of his administration, and 
of the operation of the common free school system, to- 
gether with such statements of the true condition of the 
schools of the state, as shall distinctly show the im- 
provements and progress made from year to year in the 
department of public instruction. 

Sec. 6965. The annual reports of the state super- 
intendent to the governor shall be transmitted by the 
governor to the general assembly at the opening of the 
session. , \ 

Sec. 6966. He shall have his reports to the gover- 
nor published as soon as practicable after they have been 



SCHOOL LAWS. 13 

made, and shall cause them to be distributed among 
the various school officers of the state, to be kept on file 
in their respective offices. Provided, He shall not have 
more than five thousand copies of such reports printed 
for any one year, the printing of such reports to be let 
out as other contracts for printing. Act Dec. 7, 1875, 
sees. 16-23. 

Sec. 6967. He shall on the first Monday of Septem- 
ber of each year, make a pro rata apportionment to the 
several counties of the state of the remaining revenues 
in the state treasury available for distribution for school 
purposes, on the basis of the number of persons between 
the ages of six and twenty-one years, residing in said 
county, respectively, on the first day of July previous; 
and he shall publish a statement of the same, and as 
early as practicable shall transmit a copy thereof to each 
county examiner and to each of the several treasurers 
in the state, and to each county clerk, who shall submit 
the same to the county court at its next term; and he 
shall thereupon draw his requisition on the state auditor 
in favor of the treasurers of the several counties for such 
amount as the said counties may be entitled to receive 
for the support of free common schools. Amended hy 
Ac^o/^priZ 23, 1901. 

Sec. 6968.. He shall, from time to time, publish in 
convenient pamphlet form, and furnish each school offi- 
cer, the acts of the general assembly relating to common 
schools, and the decisions of the courts having compe- 
tent jurisdiction in relation to the school laws; and he 
shall likewise, at the request of any school officer, ren- 
der a decision relating to the intent, construction or ad- 
ministration of any portion of the school laws on which 
decisions shall not have been published, and he may, 
when he shall deem it advisable to have the opinion of 
the attorney general, require said opinion to be in 
writing. 

It is the sole duty of the superintendent of public instruc- 
tion to render decisions relating to the intent, construction or ad- 
ministration of any portion of the school laws. The attorney-gen- 
eral is the legal adviser of the superintendent and not of school 
officers. 

Sec. 6969. He shall, for the purpose of ascertain- 
ing the amounts, safety and preservation of the school 



14 SCHOOL LAAVS. 

funds, have access to the auditor's books and papers, 
with full power to use and inspect the same. 

Sec. 6970. At the expiration of his term of office, 
he shall deliver to his successor possession of his office, 
together with all books, records, documents, papers and 
other articles belonging or pertaining to his office. 

Sec. 6971. He shall affix the seal of the depart- 
ment of public instruction to all official communications 
from his office. 

Sec. 6972. Whenever a vacancy in the office of 
superintendent of public instruction shall occur, from 
death, resignation or otherwise, the governor shall ap- 
point a person of suitable attainments to serve the re- 
mainder of the unexpired term. Provided j Such va- 
cancy shall occur within nine months from the next suc- 
ceeding election ; otherwise, an election shall be- ordered, 
as in case of state officers. 

Sec. 6973. Neither the state superintendent nor 
county examiner shall act as agent for any author, pub- 
lisher or bookseller, nor directly or indirectly receive 
any gift, emolument, reward or promise of rew^ard for 
his influence in recommending or procuring the use of 
any book, school apparatus or furniture of any kind 
whatever, in any public school; and any school officer 
who shall violate the provisions of this section shall be 
deemed guilty of a misdemeanor, and subject to remov- 
al from office. Act Dec. 1, 1875, sees. 25-30. 

Sec. 6974. The state superintendent of public in- 
struction shall have power to grant state certificates, 
which shall be valid for life, unless revoked, to any per- 
son in the state who shall pass a thorough examination 
in all those branches required for granting county cer- 
tificates; and, also, in algebra and geometry, physics, 
rhetoric, mental philosophy, history, Latin, the constitu- 
tions of the United States and of the State of Arkansas, 
natural history and theory and art of teaching. 

state licenses are not granted to inexperienced teachers. Ap- 
plicants for the same must present satisfactory evidence of having 
taught successfully at least twenty months. 

State licenses are granted, under the law, only on approved ex- 
aminations, conducted by the state superintendent. 



SCHOOL LAWS. 15 

While the law is silent as to the scope of the examination, nam- 
ing the subjects only, the following outline will give an idea as to 
the requirements under the present administration: 

Algebra, ( Botany, "| 

Natural History, < Geolog-y, j Such matter as is comprehended in 
( Zoology, [ the average high school text books 
Physics, I on these subjects. 

General History, J 

Latin — Grammar and Composition; first four books of Caesar; 
first two books of Virgil; first two orations of Cicero against Cati- 
line, and his essay De Senectute — or equivalent readings. 

Geometry — Plane geometry, and first two books of solid geom- 
etry, including exercises. 

Rhetoric — With special reference to the essentials of English 
composition. 

Constitution of the United States and of Arkansas — Embracing 
a study of the origin, subject matter, and civic relations under the 
same. 

Theory and Art of Teaching, } As discussed in works on these 
Mental Philosophy, \ subjects. 

Note. — Holders of first grade certificates may not be examined 
on the common school branches. An average of 80 per cent "viill be 
required on all subjects. Below 70 per cent on any subject will be 
considered a failure thereon. 

Sec 6975. He shall prepare, for the benefit of the 
common schools of the state, a list of such text books 
on orthography, reading in English, mental and written 
arithmetic, penmanship, English grammar, modern geog- 
raphy and history of the United States as are best 
adapted to the wants of the learner, and as have been 
prepared with reference to the most philosophical meth- 
ods of teaching those branches, and shall recommend 
the said text books to teachers and to directors through- 
out the state. 

This section is virtually repealed by the county uniformity law. 

Sec 6976. He shall procure and adopt a seal for 
his office, and furnish an impression and description of 
said seal to the secretary of the state, to be preserved in 
his office. 

Sec 6977. A copy of any paper or document de- 
posited or filed in the office of the superintendent of pub- 
lic instruction shall, when authenticated by the said seal, 
be evidence equal, to all intents and i^urposes, with the 
original. 

Sec 6978. The said superintendent shall prepare 
appropriate forms for three several grades of certificates 



16 SCHOOL LAWS. 

to be issued to teachers by the county examiners. He 
shall prepare suitable school registers, in which teachers, 
at the close of the school term, are to make their reports 
to the trustees of the name and age of each pupil, the 
date of each pupil's entrance, the separate days on which 
each attended school, the studies each pursued, the 
total attendance; and shall likewise prepare suitable 
forms for the reports of directors and county examiners. 
Act Dec. 7, 1875, sees. 33-37. 

This register must be kept by each public school teacher accord- 
ing to the forms prescribed, before any charge can be made for ser- 
vices. 

SCHOOL DISTRICTS. 

ACT LXVI. 

AN ACT to empower County Courts to dissolve school districts. 

Be it enacted by the General Assembly of the State of Arkansas: 

Section 1. The county courts of this state shall 
have power to dissolve any school district now estab- 
lished, or which may hereafter be established in its 
county and attach the territory thereof in whole or in 
part to an adjoining district or districts, whenever a 
majority of the electors residing in such district shall pf- 
tition the court so to do. , 

Sec. 2. When such dissolution is proposed, notice 
shall be given by those proposing the same by posters in 
four public places in the district. Said notices to be 
posted thirty days before the meeting of the term of the 
court at which such petition is proposed to be presented. 

Sec. 3. Whenever, under this act, any district 
shall be abolished, any indebtedness due by it, or funds 
on hand to its credit shall be proportioned by the court 
among the districts to which its territory has been at- 
tached, according to the value of the territory each re- 
ceived, of which action of dissolution and distribution 
of indebtedness or funds, as the case may be, the clerk 
of the court shall give due notice to directors of each 
district affected, showing the territory attached to their 
district, and amount of indebtedness adjudged against 
it, or funds credited to it, as the case may be. 



SCHOOL LAWS. 17 

Sec. 4. The directors of the district dissolved, 
upon receipt of notice of clerk, shall transmit, without 
delay, all of the records of said district to the county 
examiner of the county for preservation in his office. 

Sec. 5. That section 6984 of Sandels & Hill's Di- 
gest be and the same is hereby repealed. 

Sec. 6. All laws in conflict herewith are hereby 
repealed, and this act take effect and be in force from 
and after its passage. 

Approved April 1, 1895. 

Sec. 6985. When a change is proposed in any 
school district, notice shall be given by the parties pro- 
posing the change, by putting up hand bills in four or 
more conspicuous places in each district to be affected, 
one of said notices to be placed on the public soJaool 
building in each affected district. All of said notices to 
be posted thirty days before the convening of the court 
to which they propose to present their petition ; said no- 
tices shall give a geographical description of the pro- 
posed change. Act of Ajiril 1, 1891. 

Sec. 6986. Each school district shall be a body 
corporate, by the name and style of "School District 

No. , of the county of ;" and by such name 

may contract and be contracted with, sue and be sued, 
in any of the courts of this state having competent jur- 
isdiction. 

School districts are not liable for trespass committed by their 
officers. School District No. 11 v. Williams, 38-454. See School Dis- 
trict V. Bodenhamer, 43-140; School District v. Reeve, 56-68. 

Mandamus can only be used after judgment against a school 
district to force the payment of debt. School District v. Bodenha- 
mer, 43-140. 

School property is not subject to the tax, and suit therefore, for 
local improvements of a public nature. Board v. School District, 56- 
354. 

Sec. 6987. Every district shall hold in the corpor- 
ate name of the district the title of lands and other prop- 
erty which may be acquired by said district for school 
district purposes. Act Dec. 7, 1875, sec. 53. 

Sec. 6988. No new school district shall be formed 
having less than thirty-five persons of scholastic age re- 



18 SCHOOL LAWS. 

siding within the territory included in such new district, 
and no district now formed, shall by the formation of a 
new district or transfer be reduced to less than thirty- 
five persons of scholastic age. Act April 8, 1887, sec. 2. 
ISee sec. 7062. 

Sec. 6989. The county court shall have the right 
to form new school districts or change the boundaries 
thereof, upon a petition of a majority of all the electors 
residing upon the territory of the districts to be divided. 

This section contemplates a petition by a majority of the elect- 
ors of all the districts combined, and not a majority of the electors 
of each district separately. Hudspeth v. WalUs, 54-134. 

Sec. 6990. Such territory shall have the requisite 
number of children or property to comply with the now 
existing laAV in such case. 

Sec. 6991. In the formation of new school dis- 
tricts that part of territory taken off from the old dis- 
trict or districts, shall be held liable for a proportionate 
part of the indebtedness of the former district or dis- 
tricts at the time of the making of said new district. 

Sec. 6992. In case there be a surplus fund on hand 
at the time of the formation of said district, it shall be 
entitled to a proportionate part of said fund, the same to 
be ascertained and determined hj the county court of 
the count^^ in which said new district may be created, 
as in the judgment of said court may be considered right 
and proper. Act Ajyrll 8, 1887, sec. 3. 

apportionment of school funds. 

Sec. 6993. The county court, immediately on re- 
ceiving notice of the distributive share of school revenue 
apportioned by the state superintendent to each county, 
shall proceed to apportion to the several school districts 
of the county, in proportion to the number of persons 
between the age of six and twenty-one years residing 
within the school districts, respectively, on the first Mon 
day of July ijrevious, the said school revenue apportioned 
to the county, and shall forward to the county treasurer, 
and to each of the directors of each district, a statement 
of such apportionment carefully distinguishing the 
sources from Avhich the school revenues so apportioned 



SCHOOL LAWS. 19 

are derived, aud the amount due each school district 
in the county from each separate source, and shall see 
that the revenues from the public school fund are inva 
riably paid to the county and to the school districts 
strictly in accordance with the apportionment made to 
them. 

Apportionment may be compelled by mandamus, and the pa- 
rents of children of scholastic age are proper parties to petition 
therefor. Maddox v. Neal. 45-121. 

In the case of /. C Merritt et al. v. J. H Merritt, County Judge, 
appealed from Arkansas county, the supreme court, in May, 1891, 
held: 

"It was the duty of appellant, as county judge, on receiving no- 
tice of the amount apportioned to the county, to proceed to appro- 
priate the same to the several districts upon whose enumeration the 
superintendent made the apportionment. The duty was absolute, 
and in its performance the county judge had no discretion. There 
is no reason why a district should be kept out of its funds, for any 
length of time, on account of county lines, and it is the duty of the 
county judge to prevent it. If he fails to do his duty, its perform- 
ance should be coerced." % 

This case clearly establishes the following principles: 

1. The county judge must apportion common school funds upon 
the enumeration of the apportionment as made by the superintend- 
ent and upon no other. He has no right to change the enumeration 
and apportionment. He simply appropriates to each district the 
amount apportioned by the state superintendent. 

2. This must be done without delay and despite changes in 
county lines. 

3. Duties are absolute and contain no element of discretion. 
This principle applies to every school officer and teacher. 

The amount of the per capita tax collected in the county should 
be apportioned, to the district in proportion to their educable chil- 
dren. 

Sec. 6994. Whenever a new district shall have 
been formed and organized, the court shall, at the next 
apportionment made thereafter, apportion to the new 
district, school revenues in proportion to the number 
of persons between the ages of six and twenty-one years 
reported by the directors of the new district. Provided 
always, The number of persons between the ages of six 
and twenty-one years rej^orted in any year by the district 
electors of each county shall be taken as the quota of that 
count}^, and the number reported from each school dis- 
trict shall be taken as the quota of that district, and the 
only basis on which an apportionment of the school 
revenue shall be made is to be the number of persons 
so reported each year by the district directors. Act De<; 
7, 1875, sees. 40-41. 



20 SCHOOL LAWS. 

Sec. 6995. The county examiners of the several 
counties shall, annually, on or before the tenth day of 
August, transmit, verified by affidavit, to the county 
clerks of their respective counties, a written report, 
showing the number of persons between the ages of six 
and twenty-one years residing in each school district in 
their respective counties, as shown by the reports of the 
district directors made for the same year to the county 
examiners, as is now required by law. Amended hij act 
of April 23, 1901. 

Sec. 6996. The county clerks shall, during the first 
terms of their respective county courts held after the 
reception of the reports provided for in the preceding 
section, lay such reports before such county courts, to 
be used as a guide in making the apportionment of the 
general school fund to the various school districts. Act 
March 23, 1891. 

Sec. 6997. Any county which, by a change of 
county lines, or by the formation of a new county or coun- 
ties, shall fail to receive the school funds which justly 
should be apportioned to it, from the fact of its school 
population being reckoned with that of the county or 
counties to which the said funds may be apportioned, 
shall be reimbursed for the loss thus incurred. Said 
loss shall be corrected in the first apportionment of the 
school revenue thereafter. Provided, If such correction 
be not made in the first apportionment thereafter, it 
may be made in the second. 

Sec. 6998. The amounts refunded according to the 
provisions of section 6997 shall be deducted from the 
funds apportioned to the counties which were the orig- 
inal recipients of the erroneously apportioned revenues. 

Mandamus will lie to compel apportionment as herein provided. 
Merritt v. School District, 54-468. 

Sec. 6999. Upon the presentation of the certificate 
of the superintendent of public instruction of the amount 
or amounts due any county, by the provisions of this act, 
to the auditor, he shall draw his warrant on the state 
treasurer for said amount or amounts in favor of the 
treasurer of said county for the benefit of the school 
fund and in compliance with section 6997. Act March 
6, 1877. 



SCHOOL LAWS. 21 

COUNTY EXAMINERS. 

Sec. 7000. The county court of each county shall, 
at the first term thereof after each general election, ap- 
point in each county, not divided into two judicial dis- 
tricts, one county examiner, and in each county divided 
into two judicial districts may appoint one county ex- 
aminer for each district, such examiner to be of high 
moral character and scholastic attainments. As 
amended hy act March 7, 1893. 

Sec. 7001. Any appointments heretofore made by 
the county courts for the districts of such counties as 
are mentioned in the preceding section in which an ex- 
aminer has been appointed for each district are hereby 
declared to be legal and valid appointments. Act 
March 20, 1883, sec. 2. 

The examiner must have the qualifications of an elector. #Ie 
is an officer of the state — being a part of the executive department 
of the state. A woman may not be appointed to this position. 

The law authorizes, but does not require, the appointment of 
two examiners in counties having two judicial districts. Licenses 
issued to teachers by either examiner are good anywhere in the 
county. This frequently causes much confusion and sometimes leads 
to conflict of authority between the two officers. School reports are 
confused also, and for many reasons the practice of appointing two 
examiners in a county should be abolished, except in cases where 
the educational interests clearly demand its continuance. 

Sec. 7002. Before entering upon the duties of that 
office, the county examiner shall take and subscribe 
the oath prescribed for officers by the constitution of 
this state, and file such oath in the office of the county 
clerk. Act March 7, 1875, sec 43. 

Sec. 7003. All county examiners shall be re- 
quired, before entering upon the duties of their office, to 
stand the same examination as is required of the teachers 
who receive first grade licenses. 

Sec. 7004. No one shall fill the offices of county 
examiner and school director at the same time. 

Sec. 7005. The clerk of the county court in each 
county shall notify the superintendent of public in- 
struction of the appointment of the county examiner in 
his county immediately upon his appointment, together 
with his name and address. 



22 SCHOOL LAWS. 

Sec. 7006. The superintendent of jjublic instruc- 
tion shall either attend in person or apijoint some one 
duly qualified to examine such person appointed a-s 
county examiner, as to his qualifications, using the 
same questions as are then being used in the examina- 
tion of teachers applying for first grade license. 

The license issued upon this examination is equal to a first 
grade county license and authorizes the holder to teach in any of 
the public schools of the state for a term of two years. 

Sec. 7007. All county examiners shall be i^aid 
such salary each year as may be fixed by the county 
judge of the county for which he was appointed, out of 
the school fund of such county. Provided, Such salary 
shall not be greater than the amount received by the 
county treasurer from the tax imposed in the following 
section. 

The intention of the statute was to fix the salary of the exam- 
iner at an amount equal to the amount paid in by the applicants for 
certificates, and it was not intended to reduce the salaries already 
paid these officers. 

The salary of the county examiner cannot be paid in county 
scrip. The law expressly says that it shall be paid out of the com- 
mon school fund of the county. 

Sec. 7008. No county examiner shall examine any 
one applying to him for license as a teacher until he 
shall present a receipt from the county treasurer for 
two dollars paid by him to such treasurer to go to the 
credit of the county school fund. Act March 7, 189B. 

3. The examiner's fee must be paid to the county treasurer and 
not to the examiner. Any fee greater than two dollars is illegal. 
This fee is the same for either public or private examination and is 
to be paid for the examination and not for the certificate. It should 
be paid to the county treasurer and a receipt taken before the ex- 
amination begins. 

Sec. 7009. It shall be the duty of such examiner 
to examine and license teachers of common schools. 
He shall hold, quarterly, at the county seat of each 
county, in a suitable room to be i3rovided by the county 
court, a public examination for that purpose, and shall, 
previous to holding such examination, give at least 
twenty days' notice thereof to the directors of each 
school district within the county, whose duty it shall be 
to file the original notice in their office, and post, with- 
out delay, copies of said notice in three or more of the 



SCHOOL LAWS. 23 

most conspicuous places withiu their district. He shall 
conduct all examinations by written and oral questions 
and answers, but shall grant no certificates of qualifica- 
tions except in accordance with the provisions of law 
respecting teachers' certificates. Act Dec. 7, 1875, sec. 
44, as amended hy act March 7, 1893, sec- 3. See sec. 
6956. 

The examination must be quarterly and public. The dates fixed 
for these quarterly examinations are the third Thursday and Friday 
following of March, June, September and December. The written 
questions are furnished by the state superintendent and are uni- 
form throughout the state. The regulations as to grading of certifi- 
cates are furnished to each examiner with the questions. He is 
positively forbidden to grant certificates without examination, or 
upon a partial examination. He is not authorized to issue a license 
based upon a diploma or upon a license issued in another county or 
state. 

Examination papers are a part of the public documents of the 
county examiner's office. They are in no sense the property of^he 
teacher by whom they are prepared. Like all other public docu- 
ments, they are open to inspection by any one desiring to examine 
them, but they must not be removed from the county examiner's 
office. 

The examiner is not required to grant a private examination 
or one held at any other than the regular quarterly dates. Private 
examinations should be granted only when public necessity demands. 
When granted they should be conducted in the same manner and 
with the same regulations and requirements as are the public quar- 
terly examinations. 

Sec. 7010. He shall at the time and places ap- 
pointed for holding i)ublic examinations, examine in 
orthography, reading, penmanship, mental and written 
arithmetic, English grammar, modern geography, his- 
tory of the United States, and in the theory and praj- 
tice of teaching, and i^hysiology and hygiene. 

Sec. 7011. All persons present and applying for 
an examination, with the intention of teaching, the ex- 
aminer, if convinced that such persons are of good 
moral character and are competent to teach successfully 
the foregoing branches, shall give such persons certifi- 
cates, ranking in grades to coi-respond with the relative 
qualifications of the applicants, according to the stand- 
ard adopted. 

Sec. 7012. He shall not license any person to 
teach who is given to i^rofanity, drunkenness, gambling, 
licentiousness or other demoralizing vices, or who does 



24 SCHOOL LAWS. 

not believe in the existence of a Supreme Being; nor 
shall he be required to grant private examinations. 

The examiner must convince himself by evidence if the appli- 
cants are not known to him, that they are of good moral character. 
He must exclude every person ivho is given to profanity, drunken- 
ness, gambling, licentiousness or other demoralizing vices. Such 
vices may be a refusal to obey the law as to institute work or regu- 
lar examination work. A positive refusal upon the part of an ap- 
plicant, or one holding a license, to obey the school law should ex- 
clude him or take from him his license. Obedience to law is the 
first mark of a true teacher, and no one may claim privileges under 
it who refuses to obey it. He should ascertain by direct question 
the belief of every person as to the Supreme Being. The words 
"who is given to," mean either "habitual" or "habitual when oppor- 
tunity affords." It requires no nice distinction to avoid extremes 
at this juncture. If the applicant is given to these things so as 
to raise a question of doubt in the mind of the examiner, the appli- 
cant should be excluded. The doubt must be resolved in favor of 
the schools and not in favor of the applicants. He must show a 
positive moral character, one emphatically marked by the absence 
of these vices and cannot rely upon the ordinary presumptions of 
innocence. He must show himself clear or be excluded from the 
state's schools. 

Sec. 7013. He may cite to re-examine any person 
holding a license and under contract to teach any free 
school within his county, and on being satisfied by a re- 
examination, or by other means, that such person does 
not sustain a good moral character, or that he has not 
sufficient learning and ability to render him a compe- 
tent teacher, he may, for these and other adequate 
causes, revoke the license of such person. 

In the case of Huft v. Lee, 61 Ark., 494, the supreme court 
held that the examiner was not personally liable for damages for the 
revocation of a teacher's license, provided he acted in good faith 
and without malice, and provided he gave the teacher due notice 
and a fair hearing before revoking the license. 

In the case of Maury v. School District, 53 Ark., 471, it was 
held that the power given to the examiner to revoke the license of 
a teacher does not exclude the right of a board of directors to ter- 
minate a contract for immorality or incompetency. Only the ques- 
tion of revocation for these two causes was raised in this case, but 
it may be inferred that other adequate causes would justify a board 
of directors in terminating a contract, without waiting for a revo- 
cation of license by the county examiner. In all such cases justice 
demands that the teacher be given a proper hearing before final 
action is taken. 

Sec. 7014. In case of such revocation, he shall 
immediately give notice thereof to such teacher and the 
directors, and thereby terminate the contract between 
the said parties, but the wages of such teacher shall be 
paid for the time he shall have actually taught prior to 



SCHOOL LAWS. 25 

the day on which he received notice of the revocation 
of his license. Act April 14, 1893. 

Sec. 7015. In addition to the branches now pre- 
scribed by law to be taught in the common schools of 
the state, it is made the duty of the county examiners of 
the several counties of this state to examine all persons 
applying for examination and license to teach in sueli 
schools as to their knowledge and proficiency in the 
method of designating and reading the survey of the 
lands of this state by ranges, townships and sections, 
and parts of sections, as surveyed, platted and desig- 
nated by the government of the United States, and no 
such applicant shall be authorized or licensed to teach 
in any such school unless found upon examination pro- 
ficient in the method of designing and reading land 
surveys, as in this act provided. 

Sec. 7016. It is made the duty and especially im- 
posed upon all persons teaching in the public schools 
to teach and impart the instructions here provided for, 
whenever practicable to do so, and a wilful neglect or 
failure to discharge the duties by this act imposed, shall 
be deemed sufficient cause for the revocation of license 
to teach. Act Fehruary 16, 1893. 

ACT LII. 

AN ACT to require the teaching in the public schools of Physiology 
and Hygiene, with special reference to the effects of alcoholic 
drinks, stimulants and narcotics upon the human system. 

Be it enacted hy the General Assembly of the State of Arkansas: 

Section 1. That physiology and hygiene, which 
must in each division of the subject thereof, include 
special reference to the effect of alcoholic drinks, stim- 
ulants and narcotics upon the human system, shall be 
included in the branches of study now and hereafter 
required to be regularly taught and studied by all the 
pupils in the common schools of this state. 

Sec. 2. It shall be the duty of the boards of di- 
rectors and county examiners to see to the observance 
of this stat(tie and make provisions therefor; and it is 
especially enjoined upon the county examiner of each 
county that he include in his report to the state super- 



26 SCHOOL LAWS. 

intendeut of public instruction, tlie manner and extent 
to Avliich the requirements of section 1 of tliis act are 
complied with in the schools and institutions of his 
county. 

Sec. 3. After two years from the passage of this 
act no license shall be granted to any person to teach 
in the public schools of this state, who has not passed 
a satisfactory examination in physiology and hygiene 
with special reference to the effects of alcholic drinks, 
stimulants and narcotics upon the human system. 

Sec. 4. That this act take effect and be in force 
from and after the first day of July, 1899. 

Approved March 10, 1899.'4 

Directors will note that, under the above act, the study of 
Physiology and Hygiene must be pursued by all pupils of the public 
school. Of necessity the work with the pupils of the lower grades 
must be oral, and the teachers should be expected to devote to the 
subject only such attention as the limited capacity of the pupil and 
the equally limited time at the disposal of the teacher will justify. 

Sec. 7017. He shall issue three grades of certifi- 
cates, to be styled respectively, certificates of the first, 
and of the second and of the third grades. Certificates 
of the first grade shall be valid in the county for which 
they were issued, for two years. Those of the second 
grade shall be valid in the county for which they were 
issued, for one j^ear. Those of the third grade shall be 
valid in the county, six months. But he shall not re- 
ne.AV any certificate or grant a license without an exami- 
nation of the applicant with reference thereto. 

No certificate can be granted or renewed without a re-examina- 
tion. The examination is a personal one. The special trust is re- 
posed in the abilities, judgment, skill and learning of the examiner, 
and as a consequence the services must be personal. It is a viola- 
tion of law for an examiner to adopt as his own an examination 
held by another; it is also unlawful to grant a certificate or renew 
a license without an examination, no matter what recommendations 
or testimonials the applicant presents. Every certificate issued by 
the examiner should show upon its face the degree of qualification 
possessed by the applicant in each of the branches named in the 
law. Blanks are issued by the state superintendent in conformity 
to law, and these should be followed by each examining officer. 
Certificates issued in blank should be carefully avoided. 

Sec. 7018. He shall Iceep a record of the age, 
name, sex, postoffice address and nativity of each per- 
son licensed by him to teach, and of the date and grado 



SCHOOL LAWS. -27 

of his certificate, and shall include such record in his 
report to the state superintendent. 

Sec. 7019. He shall encourage the inhabitants to 
form and organize school districts, to establish public 
schools therein, under qualified teachers, to furnish 
suitable text books for their children and to send them 
to school. He shall direct the attention of teachers and 
school patrons to those methods of instruction that will 
best promote mental and moral culture, and to the most 
feasible and improved plan for building and ventilating 
school houses. He shall labor to create among the peo- 
ple an interest in j)ublic schools, and shall take advan- 
tage of public occasions, such as the dedication of school 
houses, public examinations and institutes, to impress 
people with the importance of educating every child, 
and consequently of the duty of maintaining a system 
of free schools established by law. He shall receive tile 
rei:)orts of the directors, transmit an abstract of the same 
to the state sur)erintendent, and transmit therewith a 
report of the condition and prospects of the schools un- 
der his superintendence, together with such other infor- 
mation and suggestions as he may deem proper to com- 
municate. 

The best place for the performance of the chief part of these 
duties is at the county institute. No man who can not or will not 
do the things required by this section should accept the office of ex- 
aminer. The interests of education in each county would be largely 
advanced if examiners took advantage of all public occasions to do 
their duty. The whole duty of an examiner is not to mark exami- 
nation papers and draw the fees therefor. Neither are these duties 
to be separated from the duties of examination and classed as "re- 
quirements without compensation." The whole duties of the office 
must be taken together and the total fees collected are to be consid- 
ered as full payment for the full performance of all duties. 

Sec. 7020. He shall, annually, on or before the 
10th of August, prepare in tabular form an abstKact 
of the reports made to him by the directors of the school 
districts embraced within his county, showing the 
number of organized districts in his county at the com- 
mencement of the year, on the first day of July preced- 
ing, the districts that have made their annual reports, 
the number of persons in each district between the ages 
of six and twenty-one years, distinguishing the sex and 
also the color of said persons ; the number of said persons 
that attended school during the year ; the average num- 



28, SCHOOL LAWS. 

ber of males and females of each color in daily attend- 
ance; and the number that pursued each of the studies 
designated to be taught in the common schools; the 
number of teachers of each sex employed in his county; 
the average wages paid per month to the teachers of 
each sex, according to the grade of their certificate; the 
whole amount paid as teachers' wages in his county; 
the number of pupils that studied in his county, and the 
several branches taught; the number of school houses 
erected during the year in his county, material and the 
cost of the same ; the number before erected, the material 
used in their construction, their condition and value; 
the grounds of how many inclosed ; the amount of money 
raised by tax in each district, for what purpose raised; 
the amounts that have been expended, and for what pur- 
pose ; the amount of revenue received by his county from 
the common school fund, and received for the suppo't 
of schools from each of all other sources ; for what pur- 
poses and in what sums the said revenues were ex- 
pended, and what amounts unexpended were, at the 
close of the school year, in the county treasury; and shail 
report also the number of deaf mutes, blind and insane 
in each school district in his county, under thirty years 
of age, their names and their postoffices. 

Sec. 7021. He shall number the several school 
districts in his county in regular order from number one 
upward, and shall keep in his office a record and des- 
cription of each district, with the boundaries clearly de- 
fined, and also a record of such changes or alterations 
in the boundaries of each as shall from time to time be 
made. 

Sec. 7022. He shall have the power to appoint 
some suitable person to hold teachers' institutes and ex- 
amine teachers in his county in case of his inability to at- 
tend such institutes and examinations. Act Dec. 7, 
1875, sees. 45-52. See section 7073. 

Sec. 7023. If any county examiner shall be found 
incompetent, or shall be frequently neglectful of his 
duty, upon satisfactory proof, the county judge shall 
remove him from office and shall immediately appoint 
his successor. Act March 11, 1881, sec. 7. 



SCHOOL LAWS. 29 

Sec. 7024. If any county examiner shall neglect, 
fail or refuse to perform any of the duties required of 
him in section 7020, and shall not forward the abstracc 
mentioned in said section to the superintendent of pub- 
lic instruction on or before the 10th day of August of 
each year, he shall forfeit to the county the sum of 
twenty-five dollars, to be recovered as provided by law, 
together with all cost, and be paid into the county 
treasury. As amended by act of April 23, 1901. 

Sec. 7025. Each county examiner shall make out 
and present to the county court of his county, at its 
first term after the thirtieth of June in each year, an ac- 
count for expenditures for postage, county district re- 
cords, or a school district map of the districts of his 
county, and of freight or express charges for the trans- 
mission of blanks or such other expenditures as he may 
have actually and unavoidably incurred, and the county 
court may allow the same in any sum not exceding 
twenty-five dollars in any one year, including ten dol- 
lars for his report to the superintendent of public in- 
struction. 

Sec. 7026. When the county court shall have al- 
lowed the account of the county examiner as provided 
in the preceding section, the county clerk shall issue a 
warrant upon the treasurer for said claim, and upon 
presentation of said warrant to the county treasurer, he 
shall pay the same out of the common school funds in 
his hands belonging to the county and not yet appor- 
tioned to the several school districts. Act March 2, 
1887, sees. 2-3. 

ANNUAL SCHOOL MEETING. 

Sec. 7027. That the male residents in each organ- 
ised school district in this state over the age of twenty- 
one years, who have paid their poll-tax and resided 
therein for thirty days, and within the state for a period 
of one year, and in the county six months, previous to 
said elections, shall annually on the third Saturday in 
May at two o'clock p. m., hold a public meeting to be 
designated "the Annual School Meeting of the Dife- 
trict," and each school district for the purpose of school 
elections alone, shall be a political township. As 
amended hy act of January 10, 1897. 



30 SCHOOL LAWS. 

Sec. 7028. All persons qualified to vote for county 
and state officers at the general election shall be deemed 
qualified electors of the school district in which they 
reside, and shall have the jDrivilege of voting at all school 
meetings. 

Sec. 7029. The electors of every school district 
shall, when lawfully assembled in annual district school 
meeting, with not less than five electors present, have 
the power, by a majorit}'^ of tlie votes cast at such meet- 
ing: First, to choose a chairman; second, to adjourn 
from time to time; third, to appoint, when necessary, 
in the absence of the directors of the district, a clerk 
pro tern.; fourth, to elect a director for the district for 
the next three school years, who can read and write; 
fifth, to designate a site for a school house; sixth, to 
determine the length of time during which a school 
shall be taught more than three months in a year; 
seventh, to determine what amount of money shall be 
raised by tax on the taxable property of the district, 
sufficient, with the iDublic school revenues apportioned 
to the district, to defray the expenses of a school for 
three months, or for any greater length of time they 
may decide to have a school taught during the year. 
Provided, No tax for i^urposes aforesaid greater than 
one-half of one per cent, on the assessed value of the 
taxable propert^^ of the district shall be levied. And 
jwovided, further, They may, if sufficient revenue can- 
not be raised to sustain a school for three months in any 
one year, determine by ballot that no school shall be 
taught during such year, in which case the revenue be- 
longing to sucli district shall remain in the treasury to 
the credit of such school district; eighth, to repeal or 
modify their proceedings from time to time. 

The power of the electors as enumerated in the above section 
may be considered briefly as follows: 

1. To choose a chairman. This must be done in order that the 
business of the meeting may be properly conducted. Failure to 
hold the annual meeting would not set aside the election of school 
director and the voting of tax, if the polls are opened for these pur- 
poses as provided in section 7030 of the school law. 

2. To adjourn from time to time. The annual meeting may be 
adjourned to another date for good reasons, but the election of di- 
rector and the voting for or against tax could not be considered at 
an adjourned meeting. These matters must be settled at the meet- 
ing held on the third Saturday in May. 



SCHOOL LAWS. 31 

3. To appoint a clerk. This is necessary, in order that the re- 
quirements of section 7056 may be met, also that a permanent rec- 
ord may be had of the proceedings of the meeting. 

4. To elect a director who can read and write. Certainly a 
reasonable requirement. In case there are to be elected two or 
more directors, the ballot should show the length of time each is to 
serve. 

5. To designate a site for a school house. Due notice should 
be given in the annual school meeting notice, if the selection of 
a site is to be considered. See section 7053 of the school law. Di- 
rectors have no authority to change the site of the school house, un- 
less the electors in the annual school meeting vote that this be done, 
and select the new site. 

6. To determine the length of time the school shall be taught 
more than three months in the year. It is expected that a school 
be maintained in each school district for at least three months in 
the year, if there be funds in the treasury available for that pur- 
pose. The electors may vote to extend the term more than three 
months. In the absence of any negative action on the part of the 
electors, the directors would be authorized to extend the term be- 
yond three months, if the funds in the treasury to the credit of the 
district justify such extension. 

7. To determine what amount of money shall be raised to We- 
fray the expenses of the school. In order that the electors may 
vote intelligently on this question, it is very important that the 
directors submit the estimate required in section 7049 of the school 
law. 

8. To repeal and modify their proceedings. The acts of the 
electors at any school meeting may be repealed or modified at a sub- 
sequent meeting within certain limitations. This does not apply to 
the invalidation of any contracts that may have been made, unless 
by consent of both parties to the same, a repeal or modification is 
effected. 

Directors may permit a school to be taught for a shorter term 
than three months, in the absence of an instruction to the contrary 
on the part of the electors, though this is of doubtful expediency. 

Besides these powers, the electors are authorized by section 
7042, to direct the sale or exchange of the site or school house; and 
by section 7065, to direct the use of the school house with reference 
to private schools; and by section 7050, to direct the proceedings in 
all actions and suits at law brought for or against the district, if 
they elect to do so. 

Sec. 7030. The auiuial district electiou shall be 
held by the school directors as judges, who shall have 
power to appoint two clerks ; and if any of the directors 
should not attend, the assembled voters may choose 
judges in the place of those not attending, and the 
judges and clerks shall take the oath prescribed by the 
general election law. 

The question as to who shall administer the prescribed oath is 
answered in section 2640 of Sandels & Hill's Digest, as follows: 

"In case there shall be no person present at the opening of any 
election authorized to administer oaths, it shall be lawful for the 



32 SCHOOL LAWS. 

judges of the election to administer the oaths to each other and to 
the clerks; and such judges shall have full power and authority to 
administer all oaths that may be necessary in conducting any elec- 
tion." 

Sec. 7031. The ballot of the voter shall, in addi- 
tion to the names of the persons voted for as directors, 
have written or printed on it the words "for tax," or 
"against tax," and also the amount of tax the voter de- 
sires levied. 

Sec. 7032. When the polls are closed the judges 
shall proceed to count the votes, ascertain the result and 
make return thereof to the county court, showing the 
number of votes cast for each person voted for for school 
director, also the number cast for and against tax, and 
the number of votes cast for each amount or rate of tax 
voted for; such return, together with the ballots, shall 
be sealed up and delivered by one of the judges to the 
county clerk within twenty days after the election, and 
it shall be the duty of the county clerk to make a record 
of these returns and present the same to the county 
court when it meets for levying taxes. As amended hy 
act of March 16, 1901. 

The annual school meeting is held at two o'clock. It is pre- 
sumed that immediately after the regular business as prescribed in 
section 7029, Sandels and Hill's Digest, is transacted, the polls will 
be opened for the annual school election. The supreme court held, 
in the case of Holland v. Davies that the statute fixes no time for 
the closing of the polls, and that, "though the law has not been 
strictly complied with, where no obstruction or impediment to a 
fair expression of the will of the electors is shown" the election 
should be considered valid. 

It was also held in the same case, that the omission of the 
judges to state in the returns the number of votes cast for and 
against tax will not defeat a levy adopted by the annual school meet- 
ing. The court concludes as follows: "If the substantial requisites 
of the vote appear, informalities and mere irregularities should be 
overlooked and disregarded." 

Sec. 7033. The county court, at its said meeting 
for levying taxes, shall take the record of the county 
clerk and ascertain whether a majority of the votes cast 
be for tax; and if a tax has been voted, then the court 
shall determine the amount of taxes voted by taking the 
largest amount or rate of taxation voted for by a ma- 
jority of the voters, which shall be levied and collected 
hj the district so voting ; and if no rate shall have been 
received such majority, then all the votes cast for the 



SCHOOL LAWS. 33 

highest rate shall be counted for the next highest, and 
so on, till some rate voted shall receive a majority of all 
the votes cast. As amended hij act of March 16, laOl, 

Sec. 7034. All taxes voted for school purposes by 
any school district shall be levied by the county court 
at the same time the county taxes are levied, and shall 
be collected in the same manner as the county taxs are 
collected, at the same time and by the same person, and 
be paid into the county treasury, there to be kept sub- 
ject to disbursement on the warrant of the school direct- 
ors. Provided, No tax for the purj)oses aforesaid 
greater than one-half of one per cent on the. assessed 
value of the taxable property of the district shall be 
levied, ^yhich shall be done byHballot.' AcPD.e&T, 1875, 
sec. 4.1. V:.^ " *^^^ . . 

The county court has no power to loTy a school tax independent 
of action on the part of the electors of each schoal distriet for which 
the tax is levied; it can only cause to be placed on the tax books 
and collected such rates as are reported from the districts. An ex- 
cessive levy vitiates the whole tax. Worthen v. Badgett, 32-496. See 
Ry. V. Parks, lb., 131; Rogers v. Kerr, 42-100. 

SCHOOL DIRECTORS. 

Sec. 7035. At the annual school meeting, held on 
the third Saturday in May, there shall be elected, by 
the legal voters in each school district, a director, who 
shall hold his office for the term of three years, and un- 
til his successor shall have been elected and have quali- 
fied. Provided, At the first annual school meeting of 
the district after the passage of this act, three school di- 
rectors shall be elected, to hold office one, two and three 
years, respectively. Provided, further, When a new 
school district shall have been formed under the provis- 
ions of this act, three directors shall be immediately 
elected by the electors of the new district, and shall hold 
their office for one, two and three years, respectively, 
and until their successors are elected and qualified as 
herein provided for. Act Dec. 7, 1875, sec. 57, as 
amended hy act March 11, 1881, sec. 2, and act January 
30, 1889. 

Sec. 7036. The judges of any school election of 
this state for school directors shall within five days after 
said election give to the said elected director a certifi- 



34 SCHOOL LAWS. 

cate of his election, who shall within ten days thereafter 
take the oath of office iDrescribed for directors, and file 
the same, together with his certificate of election, with 
the county clerk of his county, and enter at once upon 
the duties of his office. Act January 30, 1889. 

Sec. 7037. An old director shall, upon application 
of an incoming director, administer to him the oath of 
office. Act March 11, 1881, sec 5. 

Sec. 7038. Any person who shall have been 
elected or appointed a director, and shall neglect or re- 
fuse to qualify and serve as such, shall forfeit to his dis- 
trict the sum of ten dollars, which may be recovered by 
action against him at the instance of any elector in the 
district, and which, when collected, shall be paid into 
the county treasurer by the officer before whom the ac- 
tion was maintained, and added, by the treasurer, to 
the school fund revenues appropriated to the district. 

While the law makes it obligatory on any person elected as 
school director to qualify and serve as such, it was not the intention 
of the legislature to prevent a director from resigning his office. 
There are many cases, as ill health, gross incompetency, etc., where 
the best interest of the school district is served by such resigna- 
tion. Vacancies so caused are filled in the same way as other vacan- 
cies. 

Sec. 7039. Any director who shall neglect or fail 

to perform any duties of his office shall forfeit to his 

district the sum of twenty-five dollars, to be recovered 

as directed in the preceding section, and to add in like 

manner to the school fund revenues apportioned to his 

district. 

This section gives a penalty for a violation of any duty enjoined 
upon the directors, which may be recovered at the instance of any 
elector. 

Sec. 7040. If the office of any director in a dis- 
trict becomes vacant, the electors of said district shall, 
in a district meeting assembled, within fifteen days 
after the occurrence of such vacancy, elect a director to 
serve the remainder of the unexpired term; but if the 
district in which such vacancy occurs neglects or fail to 
elect a director to fill such vacancy, then the county 
court shall appoint from the electors of said district a 
director to serve the remainder of the term. 

From section 7036 it is plain that the last day upon which the 
newly elected director may take the oath of office is fifteen days 



SCHOOL LAWS. 35 

from the third Saturday in May. In case no director is elected, 
the electors will have the right within fifteen days after the annual 
meeting to elect a director for a vacancy caused by a failure to elect 
at the proper time. For a vacancy caused by death, resignation or 
otherwise, the electors have fifteen days from the date of such death, 
resignation or other occurrence which caused the vacancy to fill the 
same. 

A bona fide removal of a school director from a district annuls 
his right to serve as such. His subsequent return to the district 
does not revive this right. A vacancy has been created, which 
should be filled by a special election, or by appointment, in case the 
special election is not held within the time prescribed by law. 

Sec. 7041. The said board shall make provisions 
for establishing separate schools for white and colored 
children and youth, and shall adopt such other meas- 
ures as they may judge expedient for carrying the free 
school system into effectual and uniform operation 
throughout the state, and providing, as nearly as pos- 
sible, for the education of every youth. 

In the case of Maddox et al. v. Neal et al., 45 Ark. Rep., 12f, the 
supreme court of this state says: "A wide range of discretion is 
vested in these boards by the statute in the matter of the govern- 
ment and details of conducting of the common schools, but in the 
nature of things there is a limit to this discretion. Some positive 
and imperative duties are imposed upon them about which they 
have no discretion. The first and most important duty of the board 
is to make provisions for establishing schools. When the funds are 
provided, and the directors are not otherwise instructed by the 
school meeting of the district, the duty to provide a school for at 
least three months is mandatory, and the duty to establish separate 
schools for the whites and blacks is also incumbent on them. All 
the provisions of the law in relation to schools, in conformity to the 
constitutional mandate, are general, and the system, as far as the 
statute can make it, is uniform. No duty is imposed upon or dis- 
cretion given to the directors about schools for one race that is not 
applicable to the other. It is the clear intention of the constitution 
and statutes alike to place the means of education within the reach 
of every youth. Education at the public expense has become a legal 
right extended by the laws to all the people alike. No discrimina- 
tion on account of nationality, caste or other distinction has been at- 
tempted by the law-making powers. The boards of directors are 
only the agents, the trustees appointed to carry out the system pro- 
vided for. Their powers are no greater than the authority confer- 
red by legislation. They can do nothing they are not expressly au- 
thorized to do, or which does not grow out of their expressed pow- 
ers. * * * The opportunity of instruction in public schools, 
given by the statute to all of the youths of the state, is in obedience, 
as we have seen, to special command of the constitution, and it is 
obvious that a board of directors can have no discretionary power 
to single out part of the children by the arbitrary standard of color, 
and deprive them of the benefits of the school privilege. To hold 
otherwise would be to set the discretion of the directors above all 
law." 

The duty of establishing separate schools for both races is man- 
datory. If there are eleven or more black children, or eleven or 



36 SCHOOL LAW^. 

more white children, they must have a school. Ten black children 
or a less number, or ten white children or less should be transferred 
to an adjoining district under the provisions of the act approved 
April 3, 1891. See sec. 7062. 

Sec. 7042. The directors shall have charge of the 
school affairs and of the school educational interests of 
their district, and shall have the care and custody of the 
school houses and grounds, the books, records, papers 
and other property belonging to the district, and shall 
carefully preserve the same, preventing waste and dam- 
age; and shall purchase or lease, in the corporate name 
of the district, such school house site as may be desig- 
nated by a majority of the legal voters at the district 
meeting; shall hire, purchase or build a school house 
with funds provided by the district for that purpose: 
and may sell or exchange such site or school house, 
when so directed by a majority of the electors of any 
legal meeting of the district. 

In general, school property is to be used for the purpose of edu- 
cation. It appears that the legislature has not inhibited the direct- 
ors from permitting the school house to be used temporarily and oc- 
casionally for other purposes. 

School directors have the care and custody of school houses a,nd 
grounds belonging to the district. It is their duty carefully to pre- 
serve the same, preventing Mraste and damage. They have the power 
to allow the house to be used for other than school purposes, unless 
otherwise directed by the majority of the electors of the district in 
a legal meeting assembled. The electors of school districts in legal 
meeting have the power to direct that the house be used for other 
than school purposes, provided it be a legal purpose. 

Section 7042 vests the power of directing the sale or exchange 
of the site or the school house in the electors alone, and section 7065 
authorizes the directors to permit the use of the school house by a 
private school unless otherwise directed by a majority of the legal 
voters of the district. This enlargement of the power of the electors, 
as set out in section 7029 and 7042, as to directing the sale or ex- 
change of the site or school house, must be considered in construing 
these sections; and the exercise of the enlarged power must be con- 
trolled by the provisions of section 7029, that is, the electors may 
act upon these questions at the annual meeting or an adjournment 
thereof. 

Directors have no power to build a school house with funds of 
the district unless authorized to do so at the annual school meeting, 
and a contract made for such purpose under authority conferred by 
a special meeting held in June, is void. FlKty v. School District, 
49-94. 

It is evident that the respective powers and rights of directors 
and electors are not clear. The general principle is that the whole 
matter is left to the sound discretion of the directors, subject to a 
controlling direction on the part of the electors. 



School laws. SY 

Sec. 7043. They shall hire for and in the name 
of the district, such teachers as have been licensed ac- 
cording to law, and shall make with such teachers y 
written contract, specifying the time for which the 
teacher is to be employed, the wages to be paid per 
month and any other agreement entered into by the 
contracting parties, and shall furnish the teachers with 
a duplicate of such contract, and keep the original ; and 
they shall employ no person to teach in any common 
school of their district unless such person shall hold, at 
the time of commencing his school, a certificate and li- 
cense to teach, granted by the county examiner or state 
superintendent. 

The right to select a teacher, fix his salary, and the time for the 
opening of the school are matters which belong exclusively to the 
directors. The electors have no right to direct upon any question 
connected with the teaching of the school, save the single one of 
extending the term of the school. 

Directors cannot make a legal contract with a teacher who has 
no license. This negatives the right to contract with a principal 
teacher who is licensed for an amount of money to be paid him, 
out of which he is to pay the salaries of unlicensed assistants. 

Every teacher, whether as principal or assistant, must be elected 
by the board of directors; every such person must have a license 
from the county examiner or state superintendent, and every such 
person must have a written contract. County treasurers are war- 
ranted to demand the contract of every teacher or assistant who 
presents a warrant for the payment of wages from the public school 
funds. If the warrant shows that its holder is principal, and that 
the amount specified on its face is for the payment of the wages of 
assistants, or if it is proven to the treasurer that such is the case, 
he should refuse to pay the same as a violation of sections 7051 and 
7043. The treasurer may also refuse to pay the warrant of any 
teacher who has not been licensed. See section 7052. The words, 
"properly drawn" in this section refer back to the inhibitions of 
section 7043, and forward to the positive inhibition of section 7071, 
and the treasurer should exercise great care in the matter of paying 
these doubtful warrants. 

The acts of school directors are corporate acts. To bind the dis- 
trict it is necessary for them to act at a regular meeting, or a called 
meeting, of which notice was given to each director. At such meet- 
ings the act of a majority of the board is the act of the whole board. 

Notice of a called meeting of a board of school directors must 
be given in writing to each member of such board, and must state 
the time, place and purpose of the meeting. When two directors 
meet at a called meeting, from which the third director is absent 
without having received legal notice of the meeting, the directors 
present have no authority to bind the district by employing a 
teacher. Burns v. Thompson,. 64 Ark., 489. 

A board of school directors empowered by statute without any 
limitation to employ a superintendent of schools may make a con- 
tract for a superintendent for a term beginning after some members 



38 SCHOOL LAWS. 

of the board go out of office. Gates v. School District of Fort Smith. 
53 Ark., 468. 

This decision applies to all teachers employed in the schools as 
well as to the superintendent. 

The contracts made by a board of directors are good, though it 
should turn out that the directors are disqualified to hold office. 
They are de facto officers. 

ACT CXCVI. 

AN ACT to prohibit school directors from employing teachers In cer- 
tain cases. 

Be it enacted lyy the General Assembly of the State of Arkansas: 

■ Section 1. That hereafter it shall be unlawful 
for any director or board of directors in any school 
district in this state, to employ a teacher to teach a 
school in any district in this state unless said district 
has money to its credit in the treasury of the county m 
which said district is located, to pay said teacher for 
such w^ork; 'provided^ that if the amount of taxes to be 
paid in by the collector of any county shall be suflftcient 
to have a school taught in smj district in which such 
taxes are to be paid, then the directors shall have the 
power to employ teachers to teach a school in such dis- 
trict; provided further, that a majority of the patrons 
of any school district in this state shall at all times 
have the right to petition said board of directors to 
employ a teacher and cause a school to be taught in 
any district whenever they so desire; provided further, 
that said directors do not pay more for services of said 
teacher than would be necessary to pay said teacher for 
said service, if said money Avere in treasury. 

Sec. 2. That any board of directors violating 
this law shall be lined in any sum not less than teu 
nor more than one hundred dollars. 

Sec. 3. That all laws and parts of laAvs conflict- 
ing with this act be and are hereby repealed, and that 
this act take effect and be in force from and after its 
passage. 

ApproA^ed May 8, 1899. 

In case there is money in the treasury to the credit of the dis- 
trict, sufficient to maintain a school, and available for that purpose, 
or a tax voted which, when collected, will be sufficient to defray the 
expenses of the school, and the directors make no provision for hav- 



SCHOOL LAWS. 39 

ing one taugM, the right of petition for a school is given to the pat- 
rons of the district by the above act. 

ACT GOV. 

AN ACT to prohibit directors of public schools from employing rela- 
tives as teachers in the public schools. 

Be it enacted hy the General Assembly of tJie State of Arkansas: 

Section 1. That school directors are hereby pro- 
hibited from employing any person as teacher in the 
public schools, related to either of them by consananinity 
or affinity within the fourth degree ; unless two-thirds of 
the patrons of a public school should petition them to 
do so. 

Sec. 2. That any director or directors of the pub- 
lic schools violating section one (1) of this act, shall 
upon conviction be fined in any sum not less than^ten 
dollars (|10) nor more than fifty dollars (ISO") ana in 
addition thereto shall be suspended from office. 

Sec. 3. That all laws in conflict with this act are 
hereby repealed and this act to take effect ninety (90) 
days after passage. 

Approved May 24, 1901. 

Parents and children are related to each other in the first degree; 
grandparents and grandchildren in the second degree; great-grand- 
parents and great-grandchildren in the third degree; and great-great 
(grandparents and great-great-grandchildren in the fourth degree. 
The fourth degree also takes in the first of collateral kin, that is, 
uncle, aunt, nephew, niece, and first cousin. Kinship by consanguin- 
it.v means blood relationship, while kinship by affinity has reference 
to one's relatives by marriage. 

Sec. 7044. The term "month," w^herever it occurs 
in any section of this act, shall be construed to mean 
twenty days, or four weeks of five days each. Act De- 
cember 7, 1875, sees. 58-62. 

Sec. 7045. The directors of school districts, other 
than special school districts, may expend annually, out 
of the common school fund, not more than twenty-five 
dollars during any one year for any school under their 
control for maps, charts, globes, dictionaries and othei' 
apparatus necessary to the progress of the school ; Pro- 
vided, said maps, charts, globes, dictionaries, and other 
apparatus meets the approval of the state super- 



40 SCHOOL LAWS. 

inteiicleiit in price and merit; provided further, tliat 
said expenditure be autliorized by a majority of tlie 
qualified electors of any school district making said 
purchases at the annual school election previous to said 
expenditure. As amended hy act of Feh. 22, 1899. See 
comments under section 7049. 

Sec. 7046. The directors of each school district in 
this state shall adopt and cause to be used in the pub- 
lic schools of their respective districts, and no change 
text books in each branch or science taught in the pub- 
lic school of their respective districts, and no change 
in these books shall be made for a period of three years, 
unless it be by a petition of a majority of the voters of 
the district desiring the change. Act March 11, 1881, 
sec. 2. 

This section is virtually repealed by the county uniformity law. 



ACT LXXXIX. 

AN ACT to provide for county uniformity in text books. 
Be it enacted hy the General Assembly of the State of Arkansas: 

Section 1. That the electors of every common 
school district, shall, when lawfully assembled in annual 
district school meeting on the third Saturday in May, 
with not less than five electors present, have the power, 
in addition to the powers already provided by law, to 
vote on the question of county uniformity in text books. 

Sec. 2. The ballot of the electors shall, in addi- 
tion to the name of the persons voted for as directors, 
and the words "for tax" or "against tax," have written 
or printed on it "for county uniformity" or "against 
county uniformity." 

Sec. 3. The county court at its regular meeting 
for levying taxes shall open the returns and ascertain, 
in addition to its other duties as now provided, whether 
the majority of all the votes cast at that election in the 
county be "for county uniformity," and if such be the 
fact the county clerk shall within ten days thereafter 
so certify to the county examiner and to the state su- 
perintendent of public instruction. 



SCHOOL LAWS. 41 

Sec. 4. In each county in which a majority of all 
the votes cast shall be "for county uniformity/' the 
county examiner, together with two resident teachers 
of the county, holding first grade certificates, to be ap- 
pointed by the state superintendent of public instruc- 
tion within thirty days after receiving notice as in sec- 
tion 3, and two citizens of the county interested in the 
public schools, to be appointed by the county judge 
within thirty days, shall constitute the county school 
book board, who shall take the oath of office prescribed 
by the constitution of the state, and who shall serve 
until their successors are appointed and qualified in 
like manner. 

Sec. 5. The county examiner, who shall be chair- 
man of the county school book board, shall call its 
members to meet together at the count}' seat in the 
court house on or before the third Tuesday in Novem- 
ber, for the purpose for which the board is constituted. 
The board, after its organization, shall proceed to care- 
fully examine and compare the school text books and 
their prices, which may be submitted for its considera- 
tion, and shall, within sixty days, by a majority vote of 
all its members, select and adopt a list or series of 
school text books on the following subjects, to-wit: 
Writing, spelling, reading, arithmetic, language les- 
sons, English grammar, geography, history of Ark- 
ansas and of the United States, civil government of 
Arkansas and of the United States, physiology and hy- 
giene and elementary alegebra, for uniform use in the 
common school districts of the county for a period of 
six years from and after their adoption. In making- 
such adoptions, the county school book board shall 
give due consideration to the school text books which 
are used in the majority of the school districts of the 
county, and to the wishes and recommendations of the 
teachers and school patrons, as may be expressed to the 
board by petition or otherwise; provided, equally as 
good terms can be obtained for the regular supply of 
the books already in general and satisfactory use in the 
schools of the county and for any exchange of books 
required as can be obtained from publishers of other 
school books of equal merit and workmanship; and, 
provided further-, that no school books shall be adopted 



42 SCHOOL LAWS. 

the price of wliicli exceeds the price at which said 
books are furnished or sold to school patrons in any 
other state or territory. 

Sec. 6. The county school book board shall be 
in session not to exceed ten days in any one year and 
each member of the board shall receive two dollars 
(|2) per day for each day he shall serve, to be paid out 
of the common school funds of the county. The chair- 
man of the board shall file with the county clerk a 
statement showing the number of days each member 
has served, and the county clerk shall issue his warrant 
on the county treasurer in favor of each member in ac- 
cordance with such statement, payable out of the com- 
mon school funds of the county. 

Sec. 7. The county examiner shall keep a record 
of the proceedings of the county school book board 
and the books adopted by it for uniform use in the 
schools of the county, with the contract prices of the 
same, of which adopted list and prices he shall give due 
notice to the teachers and school directors of the county 
by circular letters or otherwise. The books so adopted 
shall be brought into exclusive use in all the public 
schools of the county as soon and as rapidly as practi- 
cable; and any teacher or school director permitting 
any other book or books than those adopted by the 
county board to be used in the schools under their 
charge after one year from the date of their adoption, 
shall be subject to a fine of not less than fifteen dollars 
($15), and any person selling any book so adopted to a 
school patron at a price greater than the contract price 
thereof, shall be subject to a fine of not less than ten 
dollars (flO) ; provided, that nothing in this act shall 
be so construed as to prohibit any board of school 
directors, superintendent or teacher, from using readers 
or other books for supplementary purposes, but no such 
supplementary book shall take the place of any adopted 
book on the county list. 

Sec. 8. That before any school book may be law- 
fully adopted by any county school book board in this 
state, its publisher shall deposit in the office of the 
state superintendent of public instruction, a sample 
or standard copy thereof, with its regular wholesale or 



, • SCHOOL LAWS. 43 

mailing price plainly written or stamped therein, to- 
gether with a written proposition to furnish such schoc*! 
books to any school or school board, or to their author- 
ized agent at the lowest wholesale or mailing price 
thereof. And any publisher making a proposition to 
the state superintendent for furnishing school books 
in this state, shall file with the auditor of state a du- 
plicate copy of his or their proposition to the state 
superintendent, and shall enter into bond to and with 
the State of Arkansas in the sum of twenty thou- 
sand dollars (|20,000) for the faithful performance of 
his or their stated proposition. Said bond to be made 
through some reputable guaranty company. 

Sec. 9. That each county school book board, 
before adopting any text books, shall require its pub- 
lishers to deposit in the office of the county examj^er 
a sample or a standard copy of the same, and after its 
adoption, shall require said publisher to enter into con- 
tract with it, to furnish said text books so adopted for 
the entire period of its adoption and use in the schools 
of the county at its lowest wholesale or mailing price as 
certified by the state superintendent; and shall require 
the publisher of each and every school book so adopted 
to guarantee and maintain the mechanical quality and 
execution of such book equal to the sample or standard 
copy thereof filed in the office of the county examiner, 
and no county school book board shall adopt any 
school book whose publisher shall not have complied as 
to said book with the provisions of this act. 

Sec. 10. Board of directors of special school dis- 
tricts in any county which shall adopt a uniform series 
of books, as provided in this act, shall have the option 
of adopting the county uniform series or a different 
series, in whole or in part, for use in its schools. 

Sec. 11, In counties in which the vote is "against 
uniformity" there shall be no change in the school 
books in use in the public schools therein for one year; 
provided, the publishers of the books so in use shall 
furnish them upon the same terms as the same books 
are furnished in counties voting "for county uniform- 
ity," according to the provisions of this act. 



44 SCHOOL LAWS. 

Sec. 12. All laws and parts of laws in confli(*t 
with this act are hereby repealed, and this act shall be 
in force from and after its passage. 

Approved March 31, 1899. 

"While the law nowhere prescribes the branches to be taught in 
the common schools of the state, the above act would seem to indi- 
cate that the subjects named therein, and upon which text books are 
required to be adopted, are expected to be taught in the public schools 
in common school districts. Section 7102 makes it the duty of the 
boards of directors in special school districts to determine the 
branches to be taught and the text books to be used in their districts. 

Sec. 7047. They shall procure from the county 
examiner, and furnish the teacher at the commencement 
of the term, a register of his school, and require the 
said teacher to report, in said register, at the close 
of the school term, the number of days of the said 
term, the name and age of each pui)il, the date on 
which each entered the school, the separate days on 
which each attended, the whole number of days each 
attended, the studies each pursued, the total number of 
days all pupils attended, the average daily attendance 
and the number of visits received from the directors 
during the said term. Act December 7, 1875, sec. 6B. 

The keeping of this register according to all its requirements, 
perfected and complete, is compulsory upon the teacher, and he can- 
not draw his last month's wages until this duty is performed. See 
sec. 7076. 

Sec. 7048. They shall visit the schools at least 
once each term, and encourage the pupils in their stud- 
ies, and give such advice to the teacher as may be for 
the benefit of teacher and pupils. 

Sec. 7049. They shall submit to the district, at 
the annual meeting, an estimate of the expenses of the 
district for that year, including the expenses of a 
school for the term of three months for the next year, 
after deducting the probable amount of school moneys 
to be apportioned to the district for that school year, 
and shall also submit an estimate of the expenses per 
month of continuing the school beyond the term of 
three months, and of whatever else may be necessary 
for the comfort and advancement of the said school. 

As a guide to the electors in voting the tax in the annual school 
meeting, the directors are required to subniit to them at that meet.- 



SCHOOL LAWS. 45 

ing an estimate of the amount of revenue necessary to meet the ex- 
penses of the district for the year to follow. 

A tax voted for a specific purpose can be used for no other; thus 
a tax voted for building purposes or for teachers' salaries must be 
applied to the purpose mentioned. 

If there be a fund left over at the end of the fiscal year, the elect- 
ors may at any annual meeting divert this balance from its original 
purpose and appropriate it to some other. 

If the tax is voted for general purposes, without any direction 
on the part of the electors as to its expenditure, the directors would 
be authorized to use the same for the actual expenses necessary to 
the maintenance of the school, except that no part of the same could 
be used for building purposes. 

Incidental expenses, such as fuel, stoves, blackboards, crayon, 
etc., are necessary expenses, and directors are authorized to draw 
warrants on the common school fund to meet such expenses, if no 
provision is made for them in the estimate submitted by the direct- 
ors in the annual meeting. 

If any part of the district fund is to be spent in the purchase 
of maps, globes, charts, etc., the estimate should so state, and direc- 
tors are limited to the amount therein mentioned. 

The electors may by vote authorize the directors to expend not 
exceeding $25 out of the common school fund in the purchase of 
supplies mentioned above. 

A failure of the directors to submit the estimate of school ex- 
penses as required in section 7049 of the school law is a finable of- 
fense. See sec. 7039 of the school law. 

Sec. 7050. They shall, in all suits and actions at 
law brought by or against their district, appear for and 
in behalf of said district. Provided, They shall have 
no other directions or instructions by a lawful meeting 
of the electors of their district. 

The law makes it obligatory on directors to appear in behalf of 
the district in all suits brought by or against the district. This car- 
ries with it the right to employ a lawyer and to pay him out of the 
school funds, unless they have other instructions from the lawful 
meeting of the electors of the district. The county treasurer cannot 
refuse to pay warrant properly drawn and signed by two directors 
for such a purpose. 

Sec. 7051. They shall draw orders on the treas- 
urer of the county for the payment of wages due teach- 
ers, or for any lawful purpose, and they shall state in 
every such order the services or consideration for 
which the order is drawn, and the name of the person 
rendering such service; but they shall not draw any 
order on the county treasurer for the payment of the 
wages of any teacher not licensed. See sec. 7083. 

Sec. 7052. When the warrant of any board of di- 
rectors, properly drawn, is presented to the treasurer 



46 SCHOOL LAWS. 

of the proper county, he shall pay the same out of any 
funds in his hands for that purpose belonging to the 
district specified in said warrant. See sec. 7043. 

Treasurers are required to pay all warrants properly drawn, if 
there is money in the treasury to the credit of the district, belonging 
to the fund on which the warrant is drawn. If the tax was voted 
for general purposes, the treasurer would be authorized to pay all 
warrants drawn on a fund so voted, for teachers' salaries and other 
necessary expenses. Each warrant should specify for what service 
or consideration it was drawn. 

« 

Sec. 7053. The directors shall give notice of 
each annual meeting, by posting notices thereof, at least 
fifteen days previous to such meeting, in three or more 
conspicuous places within the district; but it shall 
not be lawful for a district, at any annual meeting, to 
fix a site for a school house, or to raise money for build- 
ing or purchasing a school house, unless the directors 
shall have particularly set forth in the previous notice 
given of such meeting that these matters were to be sub- 
mitted for their consideration and action. 

It is the duty of the directors to designate the place of the an- 
nual meeting, and notice of the time and place is essential to the 
validity of a tax voted at such meeting. But the statute designates 
the time, and all are bound to take notice of it. If notice of the 
place be given, the meeting will be legal, though the time be not 
specified in the notice. Hodgkin v. Fry, 33-716. A notice given by 
two of the directors is sufficient. Holland v. Davies, 36-446; Davies 
V. Holland, 43-425. 

Where a meeting of a school district is held for a special pur- 
pose, all that is necessary in the form of the notice is that it should 
be so expressed as that the inhabitants of the district may fairly un- 
derstand the purpose for which they are convened. 

Sec. 7054. One of the directors shall act as clerk 
at all district meetings, shall keep a record of the pro- 
ceedings thereof in a book provided for that purpose, or, 
if absent, shall transcribe into said book the minutes kept 
by the clerk pro tempore, and signed by the chairman, 
as so much of the authenticated records of the district ; 
and he shall enter on the said book copies of all his re- 
ports to the county clerk and the county examiner. 

At the first meeting of the board after the annual election, there 
should be a regular organization of the board by the election of a 
president and a secretary to serve for one year. This is absolutely 
necessary, in order that the work of the board may be transacted in 
a businesslike manner, and a correct and permanent record of its 
proceedings be kept. 



SCHOOL LAWS. 47 

Sec. 7055. He shall keep, in a book provided for 
that i^urpose, the accounts of the district, by debits and 
credits, including the accounts with the county treas- 
urer, and shall present the same to each annual meet- 
ing, showing the current expenses for the year, for 
school houses, outbuildings, fences with which to in- 
close a school house site, for stoves, wood, maps, charts, 
blackboards, a dictionary, and other necessaries for a 
school, and stating the number of days the directors 
have been necessarily employed in the performance of 
their duties as directors; the date of each order drawn 
by them on the county treasurer, and for what services 
or consideration, for what amounts and in whose favor, 
exhibiting vouchers therefor; a statement of the indebt- 
edness of the district, and also of the surplus moneys, 
if any, in the county treasury belonging to the district 
at the commencement of the year; the amount of taxes 
levied on the district for school i:)urposes withir? the 
year; the different purposes for which said taxes were 
levied, and the amount levied for each purpose. If, on 
examination, the report be found correct, the chairman 
of the meeting shall approve the same, and order that it 
be filed with the records of the district. 

Sec. 7056. The directors shall, within ten days 
after any school meeting, report to the clerk of the 
county so much of the proceedings of said meeting as 
pertain to the election of officers; and they shall, on 
or before the first day of October in each year, furnish 
to the clerk so much of the copy of their record, at- 
tested by the chairman of the meeting, as shows the 
amount of money voted to be raised by the district, for 
school purposes, at the annual meeting. 

Sec. 7057. They shall, annually, between the Isfc 
and 20th days of July, transmit, verified by their affi- 
davit, to the county examiner, a vrritten report, in proper 
form, of the name of their county; of the number of 
their district; the names and ages of all persons, be- 
tween the ages of six and twenty-one years, residing in 
their district on the first day of July; the number of 
males and females respectively, of each color, that at- 
tended the common schools during the last school year ; 
the average number of each sex that attended daily ; the 



48 SCHOOL LAWS. 

number that pursued each of the studies designated to 
be taught in the common schools of this state; the num- 
ber of times the school was visited each term by the di- 
rectors; the number of days the school was taught dur- 
ing the year by a licensed teacher; the name of each 
teacher; the grade of his certificate; the wages paid each 
teacher jDer month, and the whole amount of wages paid 
teachers during the year. They shall include in their 
report the amount of taxes voted by the district during 
the last school year, for what purpose voted, and the 
amount voted for each purpose ; the amount drawn from 
the county treasurer for each purpose for which money 
was raised by district tax the previous year ; the amount 
of revenues received from the common school fund, and 
the amount received from each of the various othei' 
sources from which school revenues are derived; the 
amount of each kind of revenue remaining in the county 
treasury and subject to the order of the district; the 
number of school houses erected during the year, and 
the cost and material of each ; the number, the material, 
the condition and the value of those before erected, and 
the value of all other property belonging to the district ; 
the condition of the school house grounds, and whether 
the said grounds are enclosed; also, name, age and 
postoffice of deaf, dumb, blind and insane in each dis- 
trict, including all who are blind or deaf, or. to such an 
extent as not to be educated in common schools; and 
they shall record the said report in the proper place ic 
the district book in which the current record of the pro- 
ceedings of the district is kept. As amended by act of 
April 23, 1901. 

Sec. 7058. If the directors of any district fail or 
neglect to make a report of the enumeration, statistics 
and finances of their district at the time and in the 
manner prescribed in the preceding section, the said 
directors, in addition to their forfeiture for neglect of 
duty, shall several! 3^ be liable for any damages, includ- 
ing the costs of the suit, that the district may sustain 
by reason of losing the school revenues that would other- 
wise have been apportioned to them. 



i^CSHOOL LAWS. 49 

I ACT XLVII. 

AN ACT allowing school directors to certify to their several reports 
' under their official oaths. 

Be it enacted hy the General AssewMy of the State of Arkansas: 

Section 1. That after the passage of this act, the 
annual and enumeration reports of the directors of the 
various scliool districts of the State of Arkansas, shall 
be good under their official oaths, when signed by 
them officially; provided., that any director or school 
officer who certifies falsely to any such report, shall be 
guilty of a misdemeanor, and fined in any sum not less 
than five dollars ( |5 ) nor more than twenty-five dollars 
(|25). 

Sec. 2. That all alws and parts of laws in conflict 
with this act be, and the same are hereby repealed, and 
that this act take effect and be in force immediately 
after its passage. 

Approved March 7, 1899. 

Sec. 7059. They shall, at the close of the school 
year, settle with the county treasurer, aufl ascertain 
what moneys, if any, to which their district may be en- 
titled, and the amounts, severally, thereof that are in 
the county treasury and subject to be drawn by their 
district. Ih.j sees. 64-75. 

Sec. 7060. The directors of any school district 
may, at the instance of the teacher, suspend from the 
school any pupil for gross immorality, refractory con- 
duct or insubordination, or for infectious disease. Pro- 
vided, Such suspension shall not extend beyond the cur- 
rent term. 

Bona fide residence in a school district entitles one to school 
privileges for his children or wards. The fact that the children were 
not included in the enumeration for the year does not deprive them 
of this privilege. However, parents are not entitled to school privi- 
leges in two or more districts in the same year, when a removal is 
made solely for this purpose. 

The power of suspension rests with the school board, though, in 
extreme cases, the teacher would be justified in dismissing a pupil 
from the school, pending the action of the board, provided the atten- 
tion of the board is at once called to the matter. 

In cases where suspension of a pupil may be deemed necessary 
by the board, care should be exercised that neither prejudice nor 
malice actuate the board in its conduct. The important question to 



50 SCHOOL LAWS. . 

be considered is the good of the school. The acts of the board in all 
such cases are considered to be without malice, or prejudice, and, 
in order that they may be held responsible for any injury done the 
pupil by suspension, it will be necessary that the contrary be proved. 

In cases of contagious or infectious disease it has been uniformly 
held that a school board is authorized to deny to a person infected 
or exposed to the disease the right to school privileges till the dan- 
ger of such infection or exposure is past. In many states the su- 
preme court has ruled that the requiring persons who wish to attend 
school to be vaccinated is a reasonable requirement, in case there is 
danger of a spread of smallpox in a community, and that the board 
may deny to any one who refuses to comply with such requirement 
the right to attend school until the danger is past. 

Absence and tardiness are the bane of many schools, and rules 
exacting reasonable excuse from the parent or guardian of children 
who are guilty of this fault are just and proper. A failure of a pa- 
rent or guardian to comply with such rule may subject the child to 
suspension. 

The right to administer corporal punishment is not denied to the 
teacher under our law, though the drift of sentiment among educa- 
tors is away from such method of discipline. If, in the judgment 
of the teacher, the rod must be used, the offense, the condition and 
temperament of the child, the extent of the punishment — all should 
be considered in advance. In the Illinois school laws and decis- 
ions the following excellent summary of the subject may be found: 

"The opinions of the highest judicial tribunals and eminent ju- 
rists concur in respect to the propriety and necessity of granting 
school teachers the authority to inflict corporal punishment in cer- 
tain cases, and of protection to them in the prudent and reasonable 
exercise of such authority either to promote the welfare of the child 
or of the whole school. Teachers are, however, held to a just ac- 
countability for the abuse of the power conferred." 

As to the teacher's jurisdiction over the pupil, the opinion, as 
expressed by various supreme courts is, that this control covers the 
time from the leaving home on the part of the pupil until his return 
thereto. It has also been held that the teacher may take the pupil 
to task for any misconduct committed at any time or place, the re- 
sult of which may prove subversive of the authority of the teacher or 
directly detrimental to the best interests of the school. 

It should be borne in mind the rule-making power rests with 
the school board. The members of the board are selected from the 
community and are supposed to represent the best type of citizenship 
of the community. In their -hands are placed the control of the 
schools of the district, and to their judgment the welfare of the same 
is entrusted. The rules by them made for the government of the 
school are taken to be reasonable and equable, and will be so held by 
the courts, unless the contrary is shown. Pupils are expected to 
abide by these rules, and the fact that a pupil is enrolled in the 
school is taken as a tacit agreement on his part to be obedient to 
them. Insubordination constitutes a just cause for the suspension 
of any pupil. 

Sec. 7061. They may permit older persons to at- 
tend the school under such regulations as they may deem 
proper. 

It has also been held that the directors, unless there be instruc- 
tion to the- contrary from the electors in the annual school meeting. 



SCHOOL LAWS. 51 

may admit non-resident pupils to the privileges of the school. If 
this be done, the rate of tuition should not be less than the per 
capita paid for the education of the children resident in the district. 
Directors should in no case allow the admission of non-resident pu- 
pils to the disadvantage of the pupils who are entitled to school priv- 
ileges by reason of residence, in the district. 

Sec. 7062. The county court shall have power, 
upon the petition of any person residing in any par- 
ticular school district, to transfer the children or wards 
of such person, for educational purposes, to an adjoin- 
ing district in the same county, or to an adjoining dis- 
trict in an adjoining county. Provided, . Said petitioner 
shall state under oath that the transfer is for school 
purposes alone. Protnded, further, Where a number 
of colored children or wards, not exceding ten, reside 
in a particular school district, the county court shall 
have power, upon petition of any person, to transfer 
said colored children or wards of such person to an ad- 
joining district in the same county, or an adjoining 
district in an adjoining county; and, also, where y 
number of white children or wards, not exceeding ten, 
reside in a particular school district, the county court 
shall have power, upon the petition of any person, to 
transfer said white children or wards of such person to 
an adjoining district in the same county, or an adjoin- 
ing district in an adjoining county; and said transfers 
under the last named proviso shall not destroy the 
legality of such school districts, although the number 
of children be reduced to a number less than thirty-five 
persons of scholastic age; and said petitioner shall at 
once notify the county examiner of the county or coun- 
ties and the directors of both districts. Act April 2, 
1891. See sec. 6988. 

Sec. 7063. The directors of the district to which 
such children have been transferred, at the time of the 
enumeration shall include such children in the districi 
to which they have been transferred, and they shall not 
be enumerated in the district where they reside. The 
district school tax of such person shall be added to the 
school revenues of the district to which he has been 
transferred and shall not be included in the school rev- 
enues of the district where he resides. 

Transfers can be made only into adjoining districts. 
Application for transfer must be made by the person whose chil- 
dren or wards are to be affected by the same. 



52 SCHOOL LAWS. 

If A transfers his taxes to an adjoining district for school pur- 
poses, and afterwards moves away, ^ the right of transfer does not 
hold for the person who may move on the property formerly occu- 
pied by A. 

The transfer ceases when the parent or guardian no longer has 
children or wards of school age. 

Children over twenty-one years of age, or who may attain that 
age after a transfer has been made by their parents, have no school 
rights under such transfer. 

Persons are not transferred into other school districts, but their 
taxes, both personal and real, may be, and this entitles the children 
or wards of such persons to school privileges in the district to which 
transfer is made. 

Sec. 7064. Any person who transfers his child, 
children or wards and property to any district for edu- 
cational purposes, shall have the same right to vote in 
said district for directors and tax as other electors have 
of the district to which he is so transferred. Where 
such person is transferred to a district out of his county, 
the county treasurer of the county wherein he resides, 
shall open an account with the district to which he is 
transferred, and his school taxes shall be credited to 
the same and paid on the warrants of the directors of 
the district to which he is transferred. Provided, Any 
person transferring his property and children to an ad- 
joining district, for educational purposes, shall have 
the right, after having been transferred, or residing 
therein for thirty days previous to said election, and 
within the state for one year and in the county six 
months, and who has paid his poll tax, to vote in said 
school district, and in no other for directors or tax at 
said school elections, but said i^erson or persons shall 
not have the right to vote for directors or tax out of his 
county. Act Dec. 7, 1875, sec. 76, as amended hy act 
Jan. io, 1897, sec. 2. 

ACT CXCIV. 

AN ACT to better the condition of transfers from one county to 
another in school districts. 

Be it enacted hy the General Assembly of the State of Arkansas: 

Section 1. That whenever any person or persons 
transfer from one school district to another school dis- 
trict across a county line, it shall be the duty of the di- 
rectors of said district, to which said person or persons 
haye transferred to allow all qualified electors that have 



SCHOOL LAWS. 53 

transferred across the county line to vote in said school 
election the same as if he lived in the same county ; and 
when a tax is levied, the directors shall notify the county 
judge in the county where ^id transfers live, the 
amount of taxes levied and the names of all tax payers 
who have transferred into said district across the county 
line, and the county judge shall cause the levy to be 
made. 

Sec. 2. That it shall be the duty of the collec- 
tor of taxes to collect the school tax from said person or 
persons who have transferred and to turn it over to the 
treasurer of his county and the treasurer shall notify 
the directors of the school district where said transfer 
was made, the amount of taxes in his hands to their 
credit, and said directors shall draw their warrant on 
said treasury for the same, and he shall pay said war- 
rant to the amount of all in the treasury to their creiit 
in the same manner as if the said directors lived in his 
county. 

Sec. 3. Any officer wilfully violating any of the 
provisions of this act shall be fined in any sum not to 
exceed twenty- five dollars ( |25 . 00 ) . 

Sec. 4. This act take effect and be in force from 
and after its passage. 

Approved May 23, 1901. 

Sec. 7065. The directors may permit a private 
school to be taught in the district school house during 
such time as the said house is not occupied by a public 
school, unless they be otherwise directed by a majority 
of the legal voters of the district. Act December 7, 
1875, sec. 77. 

Sec. 7066. The directors shall cause the public 
schools in their districts to be closed on the days ap- 
pointed for public examination of teachers in their 
county, and also cause the said school to be closed dur- 
ing the session of the teachers' institute. Provided, 
Said schools shall not be closed for a greater length of 
time than five days during any one session of not more 
than five months. Act March 27, 1885. 

By Act XXVn, approved March 5, 1895, so much of this section 
as relates to public exarainatigns is repealed, Teacliers are not no^y 



54 SCHOOL LAWS. 

required to attend examinations unless they desire to obtain license 
to teach. No examination and institute can be held at the same 
time. Teachers are required to attend one institute annually, 
and cannot be charged for loss of time while attending. See 
sec. 7073. 

Sec. 7007. Directors and county examiners shall 
be exempt from working on roads and highways. Act 
December 7, 1875, sees. 77-79, as amended hy act March 
23, 1891. 

Sec. 7068. Any director or other person whose 
duty it may become to report to the county court the 
per cent, of tax levied by any school district at an an- 
nual meeting, and who shall neglect or refuse to do so 
in the manner and at the time provided by law, shall 
be liable for all loss Avhich may be sustained by such 
failure and for all costs, and shall be fined not less than 
ten nor more than fifty dollars. 

Sec. 7069. Within fifteen days after any special 
tax shall be voted by a school district at an annual meet- 
ing, it shall be the duty of the directors to furnish the 
county clerk with a certified list of all persons owning 
property in the district liable to pay such special tax. 

Sec. 7070. Any person whose duty it is to execute 
sections 7046, 7069 or 7084, and who shall fail to do so, 
shall be fined not less than ten nor more than fifty dol- 
lars, and the same shall be paid into the county treas- 
ury. Act March 11, 1881, sees. 1, 3 and 9. 

teachers. 

Sec. 7071. Any person who shall teach in a com- 
mon school in this state, without a certificate of his 
qualification and his license to teach, shall not be en- 
titled to receive for such services any compensation 
from revenues raised by tax or in any wise appropriated 
for the support of common schools. Provided, If his 
license expire by limitation during any school, such ex- 
piration shall not have the effect to interrupt his school, 
or to debar his claim against school revenues for the 
payment of teacher's wages. 

The right to teach is based upon an approved examination. 
Every teacher must hold a certificate in order to receive school 
revenue for his services. This includes all assistants. The as- 
sistant is a teacher and can only receive compensation lawfully 



SCHOOL LAWS. 55 

through the directors. No principal can draw a lump salary from 
the school revenues to pay for either licensed or unlicensed assist- 
ants. Bach teacher must have a separate contract and draw his 
separate compensation. The treasurer is warranted In demanding 
the license and the contract before paying any warrant; and if such 
contract discloses the fact that the warrant is drawn to cover the 
salary of an unlicensed teacher, it should not be paid. See sections 
7052, 7051 and 7043. 

The teacher must have a living license on the day he begins 
the actual work of teaching. Having begun his school lawfully he 
may finish it, although his license expires before the end of his term, 
but if a vacation occur the teacher must secure a license before re- 
suming the school; neither is a teacher authorized to teach a school 
on a license that expires a few days after his school has begun. 

If directors employ a teacher who has not a certificate, as re- 
quired by law, and the treasurer knows the fact, even if the directors 
issue a warrant, the treasurer should not pay it. 

If a teacher teaches for a while without a certificate and then 
gets one, the directors cannot pay for the time taught without a 
certificate. Neither can they pay him indirectly for such time by 
hiring him over at an advance in salary sufficient to make up for 
the time taught before he got a certificate. Public officers musF not 
do indirectly what the law forbids them to do directly. 

All assistant teachers, substitute teachers, special teachers of 
writing, etc., included, in the public schools, must have certificates 
of qualification from the county examiner — there is no exception to 
the emphatic requirements of the law in respect to certificates. 

This opinion is grounded upon the plain object of the legislature 
in requiring teachers to possess certificates; which can be none 
other than to secure the employment of teachers of approved charac- 
ter and ability— a consideration of quite as much moment in the 
case of assistant teachers as any other. 

It is held that the superintendent of city and village schools be- 
longs to the teaching force, and should, therefore, have a certificate 
of qualification in order that he may draw his pay. 

When the directors persist, in violation of law, in retaining a 
teacher who does not hold a certificate, any taxpayer or patron of 
the school would be entitled to an injunction to restrain the teacher 
or board from continuing the school. 

Sec. 7072. Every teacher shall keep a daily regis- 
ter of his school in the manner prescribed bv law, and in- 
dicated by the blank school register to be furnished by 
the directors at the commencement of the school. 

Directors can not make the reports required by law without the 
information contained in this register, and they should exact rigidly 
a compliance with the requirements of this section. No teacher 
should be given a warrant for his last month's salary until this reg- 
ister is completed for the term. 



56 SCHOOL LAWS. 

ACT XXVII. 

AN ACT to amend section 7073 of Sandels & Hill's Digest. 
Be it enacted hy the General Assembly of the State of Arkansas: 

That section seven thousand and seventy- three of 
Sandels & Hill's Digest be amended so as to read as 
follows : 

Section 1. It shall be the duty of only such 
teachers as desire to be examined for license to teach 
in the public schools in any county to attend any public 
examination for teachers of said county. 

Sec. 2. It shall be the duty of all the teachers of 
the public schools to attend one institute annually, which 
shall be held by the county examiner, after having 
given twenty days' notice of the time and place of the 
institute in the same manner as is now required by law 
for quarterly examinations. 

Sec. 3. No institute and quarterly examination 
shall be held at the same time. 

Sec. 4. No teacher, when attending a quarterly 
examination, or an institute, shall be charged for loss 
of time while necessarily absent from his school to attend 
such examination or institute. 

Approved March 5, 1895. 

The law requires each examiner to hold at least one institute 
annually. Teachers are expected to attend the same. Due notice 
should be given them of the institute, and, in case they fail to attend, 
it is within the power of the examiner to revoke their license, pro- 
vided~ opportunity is given the teachers to appear before the exam-, 
iner and show cause why they did not attend. Reasonable excuses 
should of course have their weight with the examiner, though he is 
to be the judge of their reasonableness; and, if he act in good faith 
in the revocation of a license, he will not be held liable under the 
law for any damage that may result in consequence of such revoca- 
tion. 

Sec. 7074. No teacher employed in any of the 
common schools shall permit sectarian books to be used 
as a reading or text book in the school under his care. 

The law leaves the discretion of reading or not reading the Bible 
with the school boards, and the courts have uniformly refused to re- 
strain, coerce or interfere with this discretion. 

Sec. 7075. Any teacher who shall have complied 
with the provisions of this act shall be paid from the 



SCHOOL LAWS. 57 

first money received into the county treasury to the 
credit of the district; and his claim shall not be super- 
seded by any subsequent claim ; and no money in 
the county treasury belonging to any district shall, so 
long as there is any such claim filed against the said 
district, be applied to any purposes whatever other than 
the payment of teachers' wages. Act December 7, 1875, 
sees. 80-84. 

Sec. 7076. No teacher shall be entitled to the last 
month's pay for any school taught by him until he 
shall have returned to the directors of the district in 
which such school was taught the daily register fur- 
nished him, Avith all statistical Avork which teachers are 
by law required to perform, perfected and complete, 
and no director shall otherwise issue an order for such 
last month's pav. Act March 11, 1881, sec. 4. 

% 

TRESPASS ON SCHOOL HOUSES, ETC. 

Sec. 7077. Any person who shall wilfully destroy 
or injure any building used as a school house, or for 
other educational purposes, or any furniture, fixtures 
or apparatus thereto belonging, or who shall deface, 
mar or disfigure any such building, furniture or fixtures, 
by writing, cutting, painting or pasting thereon any like- 
ness, figure, Avords or device, Avithout the consent of the 
teacher or other person having control of such house, 
furniture or fixtures shall be fined in a sum double the 
value of any such building, furniture, fixtures or ap- 
paratus so destroyed, and shall be fined a sum not 
less than ten nor more than fifty dollars for each offense 
for writing, painting, cutting or pasting in any such 
building, furniture or fixtures any such words, figures, 
likeness or device, to be recovered by civil action in any 
court of competent jurisdiction; and the punishment 
provided in this section is in addition to, and not in lieu 
of, the punishment provided by the statutes for such 
offenses. Act December 7, 1875, sec. 86. 

Sec. 1794. To cut, write upon, deface, disfigure or 
damage any part or appurtenance or the inclosure of the 
state house, or any other building belonging to the state, 
or any church or school house, or other public building, 
or to any citizen of this state, when not occupied, shall 



58 SCHOOL LAWS. 

be a misdemeanor punishable by a fine not exceding one 
hundred dollars. 

DISTURBANCE OF SCHOOLS. 

Sec. 1539, If any parent, guardian or other, 
person, from any cause, fancied or real, visit any 
school and insult any teacher in the presence of his pu- 
pils, the person offending by such conduct shall be lia- 
ble to a fine of twenty-five dollars. Act December 7, 
1875, sec. 85. 

Sec. 1798. Any person or persons who shall, by 
any boisterous or other noisy conduct, disturb or annoy 
any public or private school in this state, or any person 
not a student who, after being duly notified to keep off 
the school grounds during the school hours by the 
board of directors or the superintendent or principal 
teacher in charge of any such school, shall continue to 
trespass or go upon said grounds, whether at recess or 
during the sessions of said school, shall be guilty of a 
misdemeanor, and upon conviction shall be fined in any 
sum not exceeding one hundred dollars. Act February 
10, 1893, sec. 2. • -;,j 

SCHOOL WARRANTS — DISBURSEMENTS OP FUNDS, ETC. 

Sec. 7078. It shall be unlawful for county collec- 
tors and treasurers to purchase or otherwise be the own- 
ers of or interested, directly or indirectly, in any school 
warrant issued by any school director of the county in 
which they reside. 

Sec. 7079. The district school tax in each county 
may be payable and receivable in the warrants drawn 
by the directors of the school district in which a school 
tax may be levied by the county court. 

Sec. 7080. It shall be the duty of the county treas- 
urer of each county to keep in his office a suitable and 
Avell bound book, in which he shall register by number 
and in the order of presentation all district school war- 
rants that may be presented to him ; this registration t(.> 
be made before the warrant is paid, and it shall show 
the date of presentation of the warrant, by whom 
drawn, on what district and in whose favor, and for 



SCHOOL LAWS. 59 

what purpose drawn, the amount and date of the war- 
rant, date of payment, and to Avhom paid; and said 
book shall at all times be subject to the inspection of 
any taxpayer. 

Sec. 7081. It shall be the duty of the county treas- 
urers, immediately upon the receipt by them of any 
school fundSj to give notice of the amount and kind of 
funds received, and from what source received, by writ- 
ten or printed notices put up in two public places in 
each and every school district and at the court house 
door, and the funds so received shall be paid out on the 
warrants registered in accordance with the provisions 
of the preceding section. As amended hy act of April 
17, 1899. 

Sec. 7082. Any officer failing to comply with the 
requirements of this act for each and every offeiSse, 
shall be subject to indictment, and, if found guilty, 
shall be punished by a fine of not less than five hundred 
dollars and by confinement in the penitentiary of the 
state for a period not less than three nor more than 
twelve months. 

Sec. 7083. Any director who shall fraudulently is- 
sue any school warrant shall be guilty of a misdemeanor, 
and, upon conviction, shall be subject to the penalties 
enumerated in the preceding section. Act May 27, 1874. 

Sec. 7084. The county treasurer shall, on or 
before the tenth day of August each year, forward to the 
superintendent of public instruction a certified state- 
ment showing the amount, in kind, of public school 
funds received by him; from what sources they were 
received; how and for what purposes they have been 
disbursed, and what amount, in kind, remains in the 
treasury. See sec. 7070. 

Sec. 7085. The order of any board of directors, 
properly drawn after the passage of this act, other than 
those of single school districts in cities and towns, shall 
be presented to the treasurer of the proper county with- 
in sixty days after it was drawn by the said board of 
directors. All such orders shall be paid in the order of 
their presentation. Provided^ that this act shall not 



60 SCHOOL LAWS. 

apply to warrants issued prior to May 1, 1899. As 
amended hy act of April 17, 1899. 

Sec. 7086. If there are no funds with which to pay 
such order, the treasurer shall endorse the same : "Not 
paid for want of funds/' giving the date and signinj^ 
his name oflftcially. He shall number and record each 
Avarrant in the book provided for such purpose, keeping 
a separate record for each district, and shall pay said^ 
warrants in the order of their number. Act March 2i, 
1885, sec. 2. 

ACT CXV. 

AN ACT to protect the county school funds. 
Be it enacted by the General Assembly of the State of Arkansas: 

Section 1. It shall be the duty of each county 
clerk in this state to keep in his oflice a suitable and 
well bound book, in which he shall register all district 
school warrants and warrants on the general school 
fund of his country that may be presented to him, in 
which he shall show the number, date and amount of 
said, warrants, in whose favor draAvn, and w^hen can- 
celled by the county court. He shall also number said 
warrants as they are registered in said book and en- 
dorse on each "Kegistered" and sign the same ofl&ci^tlly. 

Sec. 2. It shall be unlawful for the county 
treasurer of this state to pay any school warrant be- 
fore the same shall have been registered, as provided 
in section 1 of this act. 

Sec. 3. It shall be unlawful for the county court 
to allow, and said court is hereby prohibited from 
allowing the county treasurer credit for any warrant 
or part of a warrant, until said warrant is presented 
and canceled in said treasurer's settlement Avith said 
court. 

Sec. 4. That all laws and parts of laws in con- 
flict herewith are hereby repealed, and this act shall 
take effect and be in force from and after July 1, 1899. 

Approved April 13, 1899. 

- Sec. 3325. He (the county treasurer) shall be al- 
lowed, as commissions on the aggregate amount of ail 



SCHOOL LAWS. 61 

the school funds of the county coming into his hands in 
any one year, the rate of two per cent and no more. 
Provided, That if anj^ county treasurer shall have taken 
commissions from any particular school fund, the same 
fund shall not be subject to commissions in the hands of 
his successor in office. As amended by cict of March 12, 
1895. 

VIOLATION OF SCHOOL LAWS— DUTY OF PROSECUTING AT- 
TORNEYS. 

Sec. 7087. The prosecuting attorney of each judi- 
cial district shall, upon being satisfied that any violation 
of the school laws of this state has been committed by any 
officer or person, in any county of his district, which 
renders such officer or person so offending liable to any 
finie, pain, penalty or forfeiture for damage, without de- 
lay, institute in any court of competent jurisdiction *ich 
proceedings as are necessary to bring such offender to 
trial, and secure to the county school district, or person 
damaged by such violation, the benefits and reliefs to 
which each or any of them may be entitled ; and for such 
services the prosecuting attorney shall be allowed the 
same compensation as he is allowed in cases of misde- 
meanor, which shall be assessed against such offender 
as cost. Act March 11, 1881, sec. 10. ' 

SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
CITIES AND TOWNS. 

Sec 7088. Any incorporated city or town in this 
state, including the territory annexed thereto for school 
purposes, may be organized into and established as a 
single school district in the manner and with the powers 
hereinafter specified. Act Fehruary 4, 1869, sec. 1. 

In the case of Beavers v. State, 60 Ark., 124, it is held that the 
territory, which was included with the incorporated city or town in 
a common school district prior to its formation into a single school 
"district, is not by the act or organization included therein, and can 
only be so included by annexation as provided for in section 7113. 

Sec. 7089. Upon the written petition of twenty 
voters of such city or town, praying that the sense of 
the legal voters of said city or town may be taken on 
the adoption of this act for the regulation and govern- 
ment of the public schools therein, it shall be the duty 



62 SCHOOL LAWS. 

of the mayor of such city or town, within five days after 
the presentation of such petition, to designate and fix 
a day, not less than seven nor more than fifteen days 
distant, for holding an election in said city or town for 
that purpose and also for the election by ballot, at the 
same time, of a board of six school directors for said 
city or town. 

Sec. 7090. The mayor shall cause notice of said 
election to be given by posting notices in at least five 
public ]Dlaces in said city or town, and by one insertion 
in such newspaj)ers as may be published in said city or 
town. The electors of said election desiring to vote in 
favor of the adoption of this act shall have written or 
printed on their ballots, "For the school law," and 
those opposed thereto shall have written or printed on 
their ballots, "Against the school law;" and, if a ma- 
jority of the ballots cast at said election shall be "For 
school law," then, and in that case only, shall such city 
or town be deemed and held to be a single school dis- 
trict under and in pursuance of this act, and the direct- 
ors voted for and elected at said election shall qualify 
and enter upon the discharge of their duties as herein- 
after provided. Ih., part sec. 2. 

The preceding sections are to determine whether the special 
act for the regulation of public schools in cities and towns shall be 
adopted. They are preliminary to organization. They require the 
following modus operandi: 

1. A written petition of twenty votes asking that the sense of 
the legal voters be taken on the adoption of the act. 

2. The mayor must fix within five days from the presentation 
of said petition a day for said election. 

3. Said election shall not be less than seven nor more than 
fifteen days from the date of the proclamation. 

4. Said election shall also determine by ballot a board of six 
directors. 

5. The mayor must promulgate the election notices by posting 
and by printing should there be a paper. 

6. The electors must vote by ballot and as prescribed. 

7. A majority of all the votes cast are necessary to make said 
city or town a single school district. 

The following act provides how all vacancies on boards in spe- 
cial school districts are filled: 

Sec. 7091. On the third Saturday in May, 1893, 
and annually thereafter, an election shall be held at the 
usual voting place in each ward of all incorporated 



SCHOOL LAWS. 63 

towns and cities heretofore organized into single or spe- 
cial school districts., for the election of two directors, 
who shall serve for three years, and until their suc- 
cessors are elected and qualified. The ballot of the 
voter, in addition to the names of the persons voted for 
as directors, shall have written or printed on it the 
words "for tax," "against tax," and the rate the voter 
desires levied. Provided, In corporated towns and 
cities of the second class, the election may be held at one? 
or more of the voting places therein, and not in each 
ward, if the board of directors shall so direct by notice 
posted in three public places in said city or town ten 
days before the election designating the place or places 
at which said election shall be held. 

Sec. 7092. Said election shall be held by the 
judges appointed to hold the municipal elections in 
said city or town next preceding the said election, tf or 
the ward or wards in which said election may be held. 
The judges at each voting place shall appoint two 
clerks, and each judge and clerk shall take the oath re- 
quired by law, and shall receive for their services the 
sum of one dollar each, to be paid out of the school 
fund of the district on the order of the board of direct- 
ors. 

ACT LVI. 

AN ACT to give notice of election in special school districts and fill 
vacancy in school board. 

Be it enacted by the General AsseniMy of the State of Arkansas: 

Section 1. When any special school district has 
been organized as provided by law, the board of direc- 
tors shall give notice of each annual election at least 
fifteen days previous to such election, by posting notices 
in at least five public places in said district. 

Sec. 2. That if the office of director in any special 
school district shall become vacant, the remaining di- 
rectors of said district shall elect a director to fill such 
vacancy, who shall serve until the next annual election 
for school directors, at which time all vacancies shall 
be filled by the electors for the unexpired term. 



64 SCHOOL LAWS. 

Sec. 3. That all laws and parts of laws in conflict 
with this act be and are hereby repealed, and that this 
act take effect and be in force from and after its passage. 

Approved March 26, 1895. 

Sec. 7093. The judges shall cause the polls to be 
opened at 9 o'clock and closed at sunset. 

Sec. 7094. If any of the regular judges shall fail 
to appear at ten o'clock, the assembled voters, not less 
than ten in number, shall select other judges in their 
places. 

Sec. 7095. If the election shall be held in all the 
wards of the city or town, each voter shall vote in the 
ward Avhere he resides. Provided, Voters residing in 
any part of the district not embraced in any ward may 
vote at any place they may deem most convenient. 

Sec. 7096. The returns of said election shall be 
made to the county clerk, w^ho shall forthwith deliver 
a certificate of election to each of the persons elected 
directors. 

Sec. 7097. He shall also declare the result of the 
votes for and against tax, and certify the same to the 
county court on the first day of the term fixed by law 
for levying county taxes; and the rate of taxes so certi- 
fied shall be levied by the court as other school taxes. 

Sec. 7098. Each person elected director shall 
take the oath of office within five days after receiving a 
certificate of election, which shall be filed with the 
county clerk, and thereafter during his term of office 
no further oath nor affidavit shall be required of him 
in the discharge of his official duties. 

Sec. 7099. The provisions of chapter Ivii. shall 
have no application to the elections herein provided 
for. Act April 10, 1893, sees. 1-7. 

Sec. 7100. Said board of directors shall organize 
by choosing from their own number a president and sec- 
retary, who shall hold their offices until the last Satur- 
day in May, and annually, on that day, said board shall 
meet and elect from their number a president and sec- 
retarv. Act March 21, 1885, sec 2. 



SCHOOL LAWS. 65 

Sec. 7101. Said board of directors shall hold a reg- 
ular meeting on the last Saturday in each month, ami 
may hold stated meetings at such other times and 
places in said district as they may appoint; four mem- 
bers of said board shall constitute a quorum, but a less 
number may adjourn from time to time; special meet- 
ings thereof may be called by the president, or by any 
two members of the board, on giving one day's notice 
of the time and place of the same, and, in case of the 
absence of the president, a president pro tempore shall 
be chosen. The office of any member of said board, as 
such, who shall, without good cause, fail to attend three 
consecutive monthly or stated meetings of said board, 
may be declared vacant by the board. The board may 
make rules and regulations for their own government 
and for the dispatch and regulation of the school busi- 
ness and the affairs of the district, not inconsistent mth 
law. Act February 4, 1869, sec. 4. 

Sec. 7102, Said board of directors shall have 
power to purchase or lease school house sites, to build, 
hire or purchase school houses, and to keep in repair and 
furnish the same with the necessary seats, desks, furni- 
ture, fixtures and fuel, and to insure the same ; to fence 
the school grounds, erect outhouses, provide wells, and 
make all other improvements on the school house 
grounds and school houses belonging to said district 
necessary and proper for the comfort, convenience and 
health of the scholars, and the preservation of said 
property; to hire teachers for all public schools of the 
district, employ a superintendent of schools who may 
also be principal of any graded or high school that said 
board may establish; to provide books and apparatus 
for the schools, and the necessary blank books and sta- 
tionery for the board, and school registers and the blanks 
for the teachers; to establish and maintain a suflflcient 
number of primary, graded or high schools to accom- 
modate all the scholars in said district; to determine 
the branches to be taught and the text books to be used 
in the several schools of the district; to admit pupils 
not belonging to the district on such terms as they may 
agree upon with the parents or guardians of said pupils, 
or the district from whence they came; to appoint a 
board of three visitors and examiners for the schools of 



66 SCHOOL LAWS. 

the districtj which board shall examine persons applying 
to teach in any of the schools of said district; provided, 
No teacher shall be employed who does not hold a cer- 
tificate from the state superintendent or county exam- 
iner; to examine, from time to time, the books and ac- 
counts of the county treasurer, so far as the same relate 
to the several school funds belonging to the district ; and 
when, in the opinion of a majority of the members of 
said board, the best interests of the district demand a 
sale or exchange of any real estate or school house site 
belonging to the district, they may sell or exchange the 
same, the deed therefor to be executed by the president 
of the board upon a majority vote of the whole board 
of directors authorizing and directing such sale or ex- 
change. Ih., sec. 5. 

This section does not authorize the directors to substitute their 
examination for that of the examiner. The examiner's rights are su- 
perior to those of the directors. He should examine under his oath, 
and license or refuse to license as his judgment decides, and is not 
accountable to any board of directors. Nor should he hold his exami- 
nation in connection with the examination of the board. His work 
should be entirely separate from their work. They have the right to 
examine, but not to interfere in any particular with the examiner's 
work. 

REMOVAL OF A TEACHER FOR INCOMPETENCY. 

Under sections 7102 and 7103, which enjoin the board of school 
directors to hire suitable teachers; to enforce all necessary rules for 
the government of teachers and pupils; and to visit the schools and 
observe the discipline and progress of the pupils, the board has the 
power to remove a teacher for incompetency and for immorality; 
and the fact that the teacher has been duly licensed by the county 
examiner, and that the latter has failed to revoke the license as he 
is empowered to do by section 7013, is not conclusive to the board 
as to competency or morality of the teacher. The fact that the 
board has tolerated the teacher's misconduct and inefficiency for a 
time does not operate as a waiver of its right to discharge him there- 
for, as the teacher's undertaking to perform his duty in a moral and 
skillful manner is assumed- for the benefit of the school, its pupils 
and patrons, and not for the benefit of the board. School District 
of Fort Smith v. Maury, 53 Ark,., 471. 

Sec. 7103. It shall be the duty of said board, as 
soon as the means for that purpose can be provided, to 
establish in said district an adequate number of pri- 
mary schools, so located as best to accommodate the in- 
habitants thereof; and it shall be the further duty of 
said board to establish in said district a suitable num- 
ber of other schools of a higher grade or grades, wherein 
instruction shall Ite given in such studies as mav not h^ 



SCHOOL LAWS. 67 

provided for in the primary schools; the number of 
schools, the grades thereof, and the branches to be 
taught in each and all of said schools to be determined 
by said board. It shall be the duty of said board to 
keep said schools in operation not less than three nor 
more than ten months in each jesir. The said board 
shall have power to make and enforce all necessary 
rules and regulations for the government of teachers 
and pupils in said schools. Said board shall also, sej)- 
arately or collectively, together with such persons as 
they may appoint or invite, visit the schools in the dis- 
trict at least twice in each year, and observe the discip- 
line, mode of teaching, progress of the pupils, and see 
that the teachers keep a correct register of the pupils, 
embracing the i)eriods of time during which they attend 
school, the branches taught, and such other matters as 
may be required by law or by the instructions of |he 
state superintendent. 76., sec. 6. 

Sec. 7104. No draft or warrant shall be drawn 
on the county treasurer, except in pursuance of an order 
of said board; all drafts or warrants on the treasurer 
shall be signed by the president, or president j)^'*^^ 
tempore, and the secretary, and shall specify the fund 
on which they are drawn and the use for which the 
money is assigned. Ih., sec. 8. See sec. 7083. 

Sec. 7105. The secretary shall record all the pro- 
cedings of the board in books kept for that purpose; 
shall make and preserve copies of all reports required 
by law to be made to the state superintendent of public 
instruction or county examiner; shall file all papers 
transmitted to him pertaining to the business of the 
district; shall make, or cause to be made, the annual 
enumeration of the youth of the district in the time 
and manner required by law of school directors, and 
shall perform such other duties as the board of direc- 
tors may order and direct; and for his services may bo 
allowed reasonable compensation, to be audited and al- 
lowed by a majority of said board. The other mem- 
bers of said board shall receive no compensation for 
their services. Ih., sec. 9. 

Sec. 7106. The title of all real estate and other 
property belonging, for school purposes, to any city rr 



68 SCHOOL LAWS. 

town organized into a separate scliool district under 
this act, shall vest, and hereby is vested, in said city or 
town, as a school district, and shall be under the man- 
agement and control of the board of school directors 
for said district as fully and completely as other school 
property belonging to said district. Ih., sec. 10. 

Sec. 7107. All school districts formed under and 
governed by this act shall be known by the name of 
the city or town constituting the district, with the 
words "School District of" prefixed thereto (as, for 
example, "School District of Little Rock") ; and by 
such name, may sue and be sued, contract and be con- 
tracted with, purchase, acquire, hold and sell property, 
receive gifts, grants and bequests, and generally shall 
possess and enjoy all the corporate powers usually 
possessed by bodies corporate of like character. The 
style of the board of directors for school districts under 
this act shall be "Board of School Directors." lb., 
sec. 11. 

Sec. 7108. The board of school directors of any 
district organized under this act shall pay and discharge 
all debts and liabilities lawfully incurred by the several 
school districts existing under previous law and em- 
braced in the district organized under this act. Ih., 
sec. 12. 

Sec. 7109. Any person elected a director under 
the provisions of this act who shall fail to take the oath 
of office and qualify as herein required, or who, after 
qualifying as such director, shall fail to perform and 
discharge the official duties incumbent upon him as a 
director, shall be liable to the same penalties that now 
are or may be hereafter provided by law against direct- 
ors of school districts for failing or refusing to qualify, 
or for neglect of official duty. Ih.^ sec. 13. See sees. 
7038 (i7i(Z>039. 

Sec. 7110. The board of directors may fix the 
term of office and define the duties of the board of visi- 
tors and examiners of the public schools in their dis- 
trictj and any person appointed by the board of direct- 
ors a member of said board of visitors and examiners 
who shall refuse to act as such, and discharge the du- 
ties pertaining to such position, shall forfeit and pay to 



SCHOOL LAWS. 69 

said district the sum of twenty-five dollars, to be re- 
covered in civil action in the name of said district, and 
added to the teachers' fund belonging to said district. 
Provided, No person shall be compelled to serve in that 
capacity more than three consecutive years. Said 
board of visitors and examiners shall receive no com- 
pensation for their services. Ih., sec. 14. 

Sec. 7111. All school' districts organized under 
this act shall have and receive their full jjroportion and 
distributive share of the general school fund of the state, 
in the same manner and according to the same rule as it 
is or may be apportioned to other districts. lb., sec. 15. 

Sec. 7112, It shall be the duty of the state super- 
intendent and county examiners to make such suggest- 
ions and recommendations to the board of directors in 
relation to organizing and conducting the public schools 
in the districts organized under this act as they shall 
deem important. 

Sec. 7113. The provisions of the general school 
laws of the state which are now or may hereafter be in 
force, when not inapplicable, and so far as the same are 
not inconsistent with and repugnant to the i)rovisions 
of this act, shall apply to districts organized under this 
act; and such provisions of said laws are inconsistent 
with and repugnant to the provisions of this act and 
inapplicable to districts organized thereunder, shall 
have no operation, force or effect in such districts. The 
county court shall annex contiguous territory to single 
school districts under the provisions of this act, when a 
majority of the legal voters of said territory and the 
board of directors of said single district shall ask, by 
petition, that the same shall be done. lb., sees. 16 
and 17. 

II. SCHOOL LANDS. 

Sec. 7114. Whenever the inhabitants of any con- 
gressional township in this state shall desire the sale of 
the sixteenth section of such township, or of any lands 
substituted therefor, or any which have been or may be 
mortgaged to the State of Arkansas for the use of the 
school fund, which after foreclosure and sale have been 



'70 SCHOOL LAWS. 

stricken off to the State of Arkansas; they may, by 
wiitten petition, signed by a majority of the male in- 
halntants of sucli township, require the collector of 
taxes of the connty wherein such land is situated to sell 
the same. Act April 14, 1893. 

'^EC. 7115. Upon the reception of such petit I m, 
the collector shall ascertain that it is signed by a ma-- 
jority of the male inhabitants of such township and shall 
immediately proceed to divide the land into 40-acre 
tracts, and after making such division, a statement or 
plat of same and a number of each tract shall be made 
so that the boundaries may be defined and ascertained, 
which statement or plat of the sections shall be used as a 
guide in advertising and selling said lands. Provided, 
The collector may, when necessity requires it, call the 
county surveyor of his county to assist in such survey 
and division, and he shall be allowed and paid out of 
the funds arising from the sale of such school lands by 
said collector such compensation as he is allowed by 
law for similar services, and the receipts of such sur- 
veyor to said collector shall be a sufficient voucher for 
the money so paid. 

Directors can confer no authority to cut timber on school lands, 
and one who does so by their authority, under an agreement with 
them to pay the value, commits a trespass for which he may be sued 
by the state. Wiclner v. State, 49-172. The legal title to school lands 
is in the state, and a school district can not maintain an action for 
such lands. lb.; School District v. Driver, 50-346. See State v._ Mor- 
gan, 52-150. 

Sec. 7116. In subdividing the sixteenth section 
lands for sale, no tract shall contain more than forty 
acres, and the division may be made into town or city 
lots with roads, streets or alleys between them. 

Sec. 7117. The collector shall cause each tract or 
subdivision of such school land to be appraised at a 
fair value by three disinterested householders of the 
count}^, each of whom shall take an oath which shall bo 
indorsed upon the appraisement that he does not de- 
sire or intend to buy said land or any part thereof, and 
that he will not directly or indirectly be or become in- 
terested in the purchase thereof at the sale to be made 
by the collector; such appraisement shall be returned 
to the collector. 



SCHOOL LAWS. 71 

ACT LXX. 

AN ACT to provide for the payment of appraisers of the sixteenth 
section lands. 

Be it enacted by the Getieral Assembly of the State of Arkansas: 

Section 1. That when any sheriif in any county 
in this state shall summon any householder to view 
and appraise any sixteenth section lands, as is now pro- 
vided by law, said appraisers shall receive for their 
services the sum of one dollar and fifty cents per day 
for each day they are engaged in such service. 

Sec. 2. That it is hereby made the duty of the 
sheriff to certify to the county court the number of 
days that appraisers shall have been detained on or by 
reason of such services, which certificates shall be sufii- 
cient evidence for the auditing, allowance and payment 
of said claim by said county court. • 

Sec. 3. That this act take effect and be in force 
from and after its. passage, and all laws and parts of 
laws in conflict herewith be, and the same are hereby 
repealed. 

Approved March 22, 1899. 

Sec. 7118. The collector shall then give notice 
that he will sell said school lands at the court house 
door of the county on the first day of the next term of 
the county court upon the terms prescribed by law, 
such notice shall be published in some newspaper pub- 
lished in the county where the land is situated at least 
four weeks before the day of sale. If there be no news- 
paper published in said county, then the collector shaJl 
post up written notices in at least six of the most public 
places of the county four weeks before the day of sale. 

The collector shall also in either case put up a copy 
of the notice upon the school house situated on the land, 
if there be one thereon ; if not, at the most public place 
on the land. 

Sec. 7119. Upon the day of sale the collector shall 
offer the lands at public auction in separate subdivis- 
ions, beginning with number one and ending with the 
last mentioned division. Such sale shall be made be- 
tween the hours of 12 m. and 3 p. m., but may be contin- 



72 SCHOOL LAWS. 

ued from day to day at the same place and between tlie 
same hours until all have been sold or offered. The sale 
shall be made for cash. If any bidder shall fail to per- 
fect his bid by paying the cash, the collector shall im- 
mediately resell the land and the bidder shall be respon- 
sible for the difference between his bid and the price at 
which the land sold, which may be recovered from him 
by the collector in action for the use of the township, 
and the collector shall, if necessary, at once institute 
suit against such bidder to recover the amount of differ- 
ence between his bid and the price at which the land sold. 
No tract or such division shall be sold for less than 
three-fourths of its appraised value. Provided, No tract 
or subdivision of the sixteenth section lands shall be 
sold at a less price than one dollar and twenty-five cents 
per acre. If any tract offered is not sold it may be of- 
fered again upon like notice, upon the first day of the 
next, or any succeeding term of the county court, and 
so on until sold, without a new petition. 

Sec. 7120. The collector shall; without delay, re- 
port all sales to the county court, which may reject or 
confirm the same. If any sale be rejected, the county 
court may direct the collector to again advertise and 
offer the land, and may specify the minimum price at 
which the tract or tracts may be sold, not to be less 
than two-thirds of its appraised value. Provided, No 
tract or subdivision of the sixteenth section lands shall 
be sold at a less price than one dollar and twenty-five 
cents per acre. If the sale be confirmed by the county 
court the collector shall execute and deliver to the pur- 
chaser a certificate in the following form : 

I, - collector in and for the county 

of , State of Arkansas, certify that 

has purchased of section , in township 

, range , containing acres 

at dollars per acre, and has paid to me in full 

the sum of dollars. The expense of the 

sale was : 



Cost of advertising, $ 

Cost of order of confirmation, | . . , 
Cost of rejection of prior sale, |, 



SCHOOL LAWS. 73 

Surveyor's fee (if any), | 

Collector's commission, .... per cent., | 

Leaving a net balance of | in my hands 

due the sixteenth (16) section fund account of this 
county. 

Now, therefore, upon the presentation of this cer- 
tificate to the commissioner of state lands, the said 

his heirs or assigns, shall 

be entitled to a deed from said commissioner of state 
lands for the tract or land above described. 



Collector of county. 

In all cases proper orders of confirmation or rejec- 
tion shall be entered on record by the county court. 

Sec. 7121. Out of the money received by the col- 
lector for the sale or sales of the sixteenth section lands, 
he shall pay the cost of advertising, cost of confirma- 
tion order, cost of rejection of sale (if any), surveyor's 
fees (if any), and he may retain for his services two 
per cent of the gross amount received by him for the 
sale of such land; the residue of the money received 
for the sale of said land, after deducting the expenses as 
are above provided for, he shall at once transmit to the 
treasurer of state, [who shall place the amount to the 
credit of the county's sixteenth section fund to which it 
rightfully belongs]. See sec. 7127. 

Sec. 7122. The county clerks of the several coun- 
ties in this state shall examine carefully and closely the 
tax books of their respective counties and ascertain what 
person or persons are paying taxes on any part or parts 
or the whole of the sixteenth section lands, and it shall 
be the further duty of the county clerks after ascertain- 
ing from the tax books the names of any person or per- 
sons paying taxes on any of the sixteenth section lands, 
and the number of said lands, to examine the record of 
deeds and find by what authority and whether any title 
or titles vest in said person or persons in whose name 
or names said lands are assessed, and shall on or before 
the first Monday in September, eighteen hundred and 
eighty-five, make and forward to the commissioner of 
state lands a full and complete statement of the exact 



74 SCHOOL LAWS. 

status and condition of all of the sixteenth section lands 
in their respective counties. The county clerks shall 
be allowed the sum of forty dollars each for their ser- 
vices in making this report, and it shall be paid to them 
by their respective counties. 

Sec. 7123. The county clerks of the several coun- 
ties in this state shall keep in a well bound book, pro- 
vided for that purpose, correct and accurate accounts 
with each and every township in their several counties, 
which may be entitled to any of the funds under this 
act, and shall immediately after each and every sale 
of any part of said sixteenth sections certify to the audi- 
tor of state the amount of moneys received by such col- 
lectors on account of such sales, and the auditor shall 
thereupon charge the same to such collector. 

Sec. 7124. A neglect, failure or refusal by any 
county clerk to perform any and all duties enjoinevi 
upon him by the provisions of this act, shall be deemed 
a misdemeanor, and, upon conviction thereof, such 
clerk shall be fined in any sum not less than one hun- 
dred dollars, nor more than five hundred dollars, for 
each offense, and may be removed from office. 

ACT LX. 

AN ACT to amend section 7114 of Sandels & Hill's Digest of the 
Statutes of Arkansas, and for other purposes. 

Be it enacted by the General Assembly of the State of Arkansas: 

Section 1. Whenever the inhabitants of any con- 
gressional township in this state shall desire the sale of 
the sixteenth section of such township, or of any lands 
substituted therefor, or any which have been or may bj 
mortgaged to the State of Arkansas for the use of the 
school fund, which after foreclosure and sale have been 
stricken off to the State of Arkansas, they may, by 
written petition signed b}^ a majority of the adult male 
inhabitants of such township, require the collector of 
taxes, or if there be no collector, then the sheriff of the 
county wherein such land is situated, to sell the same. 

Sec. 2. That for the purpose of making sales of 
any of the lands mentioned in the preceding section, 



SCHOOL LAWS. 75 

the sheriff is hereby vested with all powers now con- 
ferred by law upon collectors. 

Sec. 3. That all laws and parts of laws in conflict 
herewith are hereby repealed, and this act take effect 
and be in force from and after its passage. 

Approved March 26, 1895. 

COLLECTION OP CLAIMS DDE COMMON SCHOOL FUND. 

Sec. 7125. The attorney general of the State of 
Arkansas is authorized and instructed to employ com- 
petent attorneys residing in the counties in which the 
lands are situated to collect all claims and notes due 
the school fund arising from the sale of the sixteenth 
section lands. Before taking charge of any such notes 
or claims, each of said attorneys shall be required to 
give bond for the faithful keeping, collecting and^ ac- 
counting for same, as provided for in this act, in double 
the sum of the amount supposed to come into his hands, 
and such security as shall be approved by the circuit 
judge of the judicial circuit in which said attorney re- 
sides, and such bond when approved shall be filed witli 
the commissioner of state lands, and the commissioner 
of state lands shall, when such bond has been filed with 
him, turn over, or caused to be turned over, to the said 
attorney all notes and claims due the school fund per- 
taining to the sixteenth section lands. Said attorneys 
may. retain, as fees for collection ten per cent of the 
gross amount collected by them under the provisions of 
this act. The remainder of said gross amount, after 
deducting their fees, as above provided for, shall be by 
said attorneys transmitted without delay to the treas- 
urer of state, who shall place the same to the credit oi" 
the sixteenth section fund of the county to which it 
rightfully belongs, and said attorneys shall prepare and 
forward to the commissioner of state lands a statement 
for each and every collection made by them, setting 
forth the name of the maker of the note or claim, the 
date of same, the dates of air previous payments (if 
any) made on such note or claim. 

Sec. 7126. All mone^^s paid into the state treas- 
ury arising from the sale or the collection of notes and 
qlaims pertaining to the sixteenth section lands, [shall 



76 SCHOOL LAWS. 

be by the state treasurer placed to tlie. credit of the 
county's sixteenth section fund, to which said moneys 
may rightfully belong], and the treasurer of state shall 
for each payment to him on account of the sixteenth 
section fund, issue triplicate receipts, one of which re- 
ceipts shall he filed with the auditor of state, one filed 
with the commissioner of state lands and one given to 
the party making payment. 

Sections 7127 and 7128, and the parts of sections 7121, 7126 and 
7130 included within brackets [], are repealed by Act CLIX, ap- 
proved May 8, 1899, and which is printed below. 

ACT CLIX. 

AN ACT to provide for transfer of the sixteenth section fund, and 
for the distribution of same. 

Be it enacted hy the General Assembly of the State of Arkansas 

"Whereas, an act of Congress approved March 8, 1898, authorized 
the payment of the amount arising from sales of sixteenth section 
into the common school fund of the state and a pro rata distrib- 
ution of the same; therefore, 

Section 1. That the state debt board shall meet 
immediately upon the passage of this act and by its 
proper order, duly recorded, direct the treasurer of 
state to transfer all bonds and coupons held by him in 
the "Account with the Sixteenth Section Fund" to the 
"Account with the Permanent School Fund," to the end 
that the same may be a part of the permanent school 
fund of the state and interest paid thereon, subject to 
distribution among the school districts of the state as 
now provided by law for distribution of said permanent 
school fund. 

Sec. 2. A copy of said order of "state debt 
board" shall be by its secretary promptly filed with the 
auditor of state and he shall make such entries upon 
the proper account as kept by him with the treasurer 
as will truly reflect the transaction had and done by 
said state debt board. 

Sec. 3. All funds arising from the sale of six- 
teenth section lands and paid into state treasury after 
the passage of this act shall be and become a part of the 
common school fund of the state, and be charged to 
the treasurer on his "account with the common school 



SCHOOL LAWS. 77 

fund" arising from tlie present two (2) mill state levy 
and subject to the same distribution among the school 
districts of the state. 

Sec, 4. From and after the passage of this act the 
auditor of state shall no longer carry on his records the 
account of state treasurer with bonds and coupons in 
sixteenth section funds. 

Sec. 5. All laws in conflict with this act are 
hereby repealed and this act shall take effect from and 
after its passage. 

Approved May 8, 1899. 

Sec. 7129. All notes, claims, bonds, papers or 
evidences of debt belonging to the school fund, arising 
from the sale or sales of the sixteenth section lands, in 
the hands of the county collectors or other persons, Shall 
be, Avithin ninety days after the passage of this act, 
turned over to the commissioner of state lands. 

Sec. 7130. All county treasurers, collectors or 
other persons, having in their possession any funds 
arising from the sale or sales of the sixteenth section 
lands, shall, within ninety days after the passage of 
this act, pay the same into the state treasury, [and the 
state treasurer shall place the same to the credit of the 
respective counties' sixteenth section fund accounts to 
which said funds do rightfully belong]. See sec. 7127. 

Sec. 7131. That upon the presentation to the com- 
missioner of state lands of any certificate of purchase 
as specified in section 7120 the commissioner shall exe- 
cute to the purchaser a deed for the lands therein des- 
cribed and shall keep a full and complete record of all 
such sales and of the deeds so issued, and it shall be 
the further duty of the commissioner of state lands to 
keep as correct records of sale or sales of the sixteenth 
section lands as the reports made to him from time to 
time may enable him to do. Act March 31, 1885, sees. 
2-18. 

patents. 

Sec. 7132. When the purchaser of any portion of 
the common school lands has heretofore assigned, or 



78 SCHOOL LAWS. 

may hereafter assign, the certificate of purchase of 
such land, the title thereof may be made directly to the 
last assignee of such certificate of purchase, upon full 
payment of all the purchase money and interest due on 
said land. Act April 12, 1869, sec. 10. 

Sec. 7133. If any person who shall have pur- 
chased any portion of the sections of school lands from 
the collector of any of the counties of this state, and 
paid one-fourth the purchase money therefor, and re- 
ceived a bond for title from such collector, shall die be- 
fore such payment is fully made, and the executor, ad- 
ministrator, guardian or legal representative of such de- 
ceased person shall pay or cause to be paid the balance, 
if any, that shall be due to the collector on said pur- 
chase, upon the certificate of the collector of the proper 
county that the whole of the purchase money, with all 
the interest due thereon, has been fully paid, the com 
missioner of state lands shall forthwith execute a deed, 
as is now required by law, to the heirs at law of such 
deceased person. lb., sec. 11, as amended act Fehruarii 
16,1885. See S6C. 7138. 

Sec. 7134. The land thus conveyed to the heirs 
shall stand charged with the amount of money ne- 
cessarily advanced to the school fund, in order to pro- 
cure title, and shall, in other respects, be chargeabhi 
with the rights and incumbrances that would have at 
tached had it descended regularl3^ to the same heirs. Jo. 

Sec. 7135. All patents issued for sixteenth sec- 
tion, or any part thereof, or common school land dur- 
ing the war between the states and all the official acts 
of the officers of this state, in regard to such lands, dur- 
ing the said war, and also all deeds made by the com- 
mon school commissioners of the several counties in 
compliance with an act of the legislature of the state, 
entitled, "An act to relieve certain citizens of Arkan- 
sas who purchased school lands," passed March 4, 186", 
are hereby confirmed, ratified and made valid, and full 
faith and credit shall be given to said patents, deeds 
and official acts in all the courts of this state. Pro- 
vided, Nothing herein shall be construed to prevent the 
setting aside of any of said deeds or patents for actual 
fraud or mistake. 



SCliOOL LAWS. 79 

Sec. 7136. Any right, title or interest which the 
State of Arkansas may have acquired, or holds by vir- 
tue of any judgment, decree, execution or sale of any 
court in this state, in lands for which patents or deeds 
have been made and issued as mentioned in section 
7135, is hereby vested in the proper owners thereof un- 
der such deeds or patents. 

Sec. 7137. The attorney representing the State of 
Arkansas is hereby instructed and required to dismiss 
all suits now" pending for school lands where patents oi' 
deeds have been made therefor, as specified in section 
7135, or if it does not appear on the face of the plead- 
ings filed that such patents or deeds have been made, 
then the patent or deed may be pleaded in bar of the 
suit, or the court may dismiss the suit on exhibition 
and profert of such deed or patent; and where judg- 
ment or decree has been entered, and sale has not Heen 
made, the state's attorney shall enter satisfaction in full 
thereof on the presentation to him of such deed or 
patent. 

Sec. 7138. If any purchaser of school lands shaJi 
have paid the purchase money thereof, and received no 
deed or patent therefor, or if any person now owing for 
school lands bought shall hereafter pay out his indebt- 
edness therefor, and shall produce to the commissioner 
of state lands satisfactory evidence of such payment, 
the commissioner of state lands is authorized and re- 
quired to execute to such person, or to his legal repre- 
sentative, a deed conveying all the right, title and in- 
terest of the State of Arkansas in such lands; but if 
payment has not been made before suit is begun, the 
purchaser shall also pay 'the costs of the suit. Act Dr- 
cemher 14, 1875, as amended hy act March 31, 1885, sec. 
18, and act of February 16, 1885, sec. 2. 

lease of school lands. 

Sec. 7139. All school lands in any county in this 
state susceptible of cultivation shall be leased by the 
county collector of said county from the first to tho 
tenth of January in each year. Act April 12, 1869, 
sec. 12. 



80 SCHOOL LAWS. 

Sec. 7140. The manner and. terms of leasing said 
lands shall be by public outcry to the highest bidder, 
the lessee paying one-half the amount of rent in cash 
at the time of leasing and the balance at the end of the 
year. /&. 

Sec. 7141. At least tAventy days' public notice of 
the time and place of offering such lands for rent or 
lease shall be given by said collector by publishing the 
same in the newspapers of the county and by posting 
up hand bills at the most prominent points throughout 
the county. Ih. 

Sec. 7142. If any school lands offered for rent 
or lease at the time and in the manner above indicated 
shall not bring such price as the collector shall think a 
reasonable rent therefor, he shall be authorized to rent 
the same by private contract for the ensuing year, or 
for a longer term if he shall deem it expedient. Ih. 

Sec. 7143. The occupants of school lands prior t{? 
the passage of this act shall be required to pay a rea- 
sonable annual rental during the time said lands had 
been so occupied. Ih. 

Sec. 7144. The lessees of school lands shall be sub- 
ject to the same provisions governing the lessees of 
other property. Provided, It shall not be rented for a 
less amount than Avas offered at public sale. Ih. 

CUTTING TIMBER OFF SIXTEENTH SECTION. 

Sec. 1800. It shall not be lawful for any per- 
son to cut or remove any timber or stone off the six- 
teenth sections of land, for the use of schools, or any 
section or fractional section selected instead of the six- 
tenth sections. 

TRESPASS ON SCHOOL LANDS. 

Sec. 1803. Every trespasser upon the school 
lands shall, upon conviction, be fined in three times the 
amount of damages done, and shall stand committed 
as in other cases of misdemeanor. Act April 12, 1869, 
sec. 13. 



SCHOOL LAWS. 81 

ESTRAY FUND. 

Sec. 7266. Every person who shall take up an 
estray beast which shall not be reclaimed by the owner 
within one year, shall pay into the county treasury in 
which such estray was taken up, one-half of the residue 
after deducting all legal expenses from the appraised 
value of the beast, and shall file the county treasurer's 
receipt for the same in the office of the county clerk, 
and the county clerk shall charge the county treasurer 
with all such funds as shall be paid into the treasury, 
and all such funds shall be apportioned among the sev- 
eral districts of the county, as other funds are now ap- 
portioned. Act March 15, 1897. 



INDEX. 



A 

#.NNUAL SCHOOL MEETING: Page. 

How and when to hold 29 

Who may vote % 30 

Quorum 30, 64 

Powers of 30-31, 62 

Who to hold 31, 63 

Ballot 32 

How to count the votes 32 

Duties of county court 32 

APPARATUS: 

What amount may be expended for 39 

To be approved by whom 39 

APPORTIONMENT: 

By superintendent 13 

By county court 18-19, 69 

Basis of 13, 16, 18 

AUDITOR: 

Duties of concerning common school fund 5 

Superintendent of public instruction has access to 

books of 13 

• ATTORNEY GENERAL: 

Duties of as to common school fund 8, 75 

Opinion of, when given 1^ 



84 SCHOOL LAWS. 

AUTHENTICATION : 

Of any paper or document • • • • 14 



B 

BLANKS: 

To be furnished by state superintendent 10 

BRANCHES: 

For state certificate 14-15 

For county certificate 23-25 ■ 

For county examiner's certificate 22 

BOOK AGENTS: 

State superintendent not to act as 14 

County examiner not to act as 14 

BOUNDARY LINES: 

Of school districts changed by court 18 

BUILDINGS: 

Report to be made of '^8 

Care of, in whose hands • 36 

Site for, how designated 30 

Funds for, how provided 36 



c 

COMMON SCHOOL (See Free School) . 

COMMON SCHOOL FUND: 

Collection of • 3-7 

No cost where plaintiff is unsuccessful 5 

Whence received 3-5 

Debts due ^' "^^ 

County treasurers' commission on 60 



SCHOOL LAWS. 85 

COLLECTORS: 

Duties of as to per eapita tax 5 

COMMISSIONERS, COMMON SCHOOL 8 

How composed 8 

Time and place of meeting 8 

AVho presides ■ 8 

The secretary of 8 

Record of 8 

General duties of 8, 9 

CORPORAL PUNISHMENT 50 

COUNTY CLERKS: % 

Duties of 5, 13, 20, 21 

COUNTY COURT: 

Apportionment by 5, 18-19 

Change of districts 17-18 

To appoint county examiners 21 

May remove examiner 28 

CERTIFICATES: 

State 14 

County, form of 15 

Requirements 22-23 

Revocation of . . . 24 

CHARTS 39 

CLERK BOARD OP DIRECTORS 30-31, 46 

COUNTY EXAMINERS (see examiner) 21 et seq 

CONTRACTS 37-41 

COUNTY, NEW, Etc 20 



86 SCHOOL LAWS. 



D 

DISTRICTS 3, 16-19, 67-68 

Dissolution of 16 

Boundaries of 16 

Changes of 17-18 

Style and name of 17 

"Powers of 17-18 

New districts 17-19 

Special or separate districts 61 et seq 

Transfers from one to another 51 

Vacancy in office of 34, 63 

Must be numbered 28 

Inhabitants of to be encouraged, how 27 

May be dissolved by county court 16 



DIRECTORS SS et seq 

How elected 30, 33, 61 

Duties of 33. 54, 64, 66 

May not be county examiners 21 

When to qualify 33, 64 

Who to administer 34 

Penalty for refusing to serve 34 

Penalty for non-performance of duty 34, 54 

Penalty for failure to report tax 54 

Vacancy, how filled 34, 63 

Must establish separate schools 35 

Have general charge 19, 36, 65 

Must contract with teachers 37, 65 

May certify to their reports 49 

Must adopt text books 40 

Must furnish register 44 

Must visit the schools 44, 67 

Must submit estimate 44 

Must defend for district •. 45 

Must draw orders on treasurer 45, 67 

Must close schools on examination days 53, 56 

Must not employ teachers in certain cases 38 

Duties as to notices 22, 46-47 

Duties of clerk of board 46, 67 

Must report to county clerk 47 

Must report to county examiner 47 

Must not employ relatives 39 

^ust settle witlj county treasurer ................ 49 



SCHOOL LAWS. 87 

May permit elder persons to attend 50 

May suspend pupils 49 e^ seg 

Duties as to rules i9 et seq 

Duties as to transferred children 51 

Duties as to private schools 53 

Exempt from working roads 54 

Penalty for failure to report tax levied 54 

For separate school districts 61 et seq 

DISBURSEMENT OF FUNDS 58-59 

DISTURBANCE OF SCHOOL 57-58 

^DICTIONARIES 39-40 



E 



ELECTION: 



School 29, 62 

Who may vote 30 

How to organize 30-31 

What may be done at 30-32 

Who to hold 31 

Time for opening and closing polls 32, 64 

Form of ballots 32 

Who to count 32 

Duties of election judges 32, 63 

Duty of county clerk 32 

Duty of county court 32 

In separate school districts 61-62 



ELECTORS: 



Must have poll tax receipt 29 

Powers of 29-32 

When to meet 42 



ENFORCEMENT 49 et seq 

ENUMERATION: 

Report of 46-48 



SCHOOL LAWS. 



EXAMINATIONS: 



Must be public and quarterly 22-24 

Private 24 

Re-examination 24 

Schools must be closed 53, 56 

Not to be held at time of institute 56 

Teachers not to be charged for loss of time 56 



EXAMINERS: 



Appointment of 21 

Duties of clerk , 21 

Duties of judge 21- 

Duties of state superintendent 22 

Examination of 21 

Expenses of 29 

General duties of 21 et seq 

How removed 28 

Institutes must be held by 56 

May appoint deputy 28 

May not be a director 21 

Must hold public quarterly examinations 22 

Must present expense account 29 

Must keep record of licensed teachers 24-26 

Must prepare a report 20, 27 

Must number school districts 28 

Must encourage the people 27 

Penalties for failure to perform his duties 29 

Qualifications 22 

Reports to county clerk 20 

Revocation of license 24 

Salary of 22-29 

To examine teachers in land surveys 25 

When to examine 22, 24 

When to qualify 21 

Who are excluded from examination 23 

Who may be cited to be re-examined 24 



ESTIMATE: 

Of school directors 44 

EXEMPTIONS: 

Prom road duty 54 



SCHOOL LAWS. 89 



F 

PEES: 

Of officers 5 

Of surveyor 73 

Of clerks 63, 73 

Of county examiners 22 

FREE SCHOOLS: 

Definition of 3 

High schools may be 66 

Failure of county to receive school fund 2D 

Fund, common school 3-7, 60 

Claims due, how collected 5-6, 75 

Limit of taxes for ^3, 33 

Per capita tax for 3, 5 

Power to tax for 3 

Right to attend 3, 49-50 

Support of 3-4 

What may be taught in 25, 56 



FUNDS: 



Common school , 4-5 

Treasurers to report 59 

Treasurers' commission on 60 

To be invested 8 

How apportioned 13, 18, 69 

How paid out of state treasury 13 



G ' 

GLOBES, Etc 39 

GRADES OP CERTIFICATES 23, 26 

H 

HIGH SCHOOLS 3, 65-66 



90 SCHOOL LAWS. 

I 

INSTITUTES: 

State superintendent to hold 10 

County examiner to hold 56 

Not to be held at time of examination 56 

Teachers must attend 56 

INCOMPETENCY OF TEACHER . . . . ; 24 

INSULTING TEACHER 58 

J 
JUDGE, COUNTY (See County Court) 21 

L 

LAND SURVEY, ETC.: 

Required to be taught 25 

LEASE OF SCHOOL LANDS 79-80 

LICENSE, COUNTY '. 22 

Unlawful without examination •. 26 

State requirements for 14-15 

M 

MONTH: 

Term defined 39 

MAPS 39 

MAYOR: 

Duties of ill separate districts . 62 



SOttOOL LAWS. 9l 

N 



NOTICE: 



Of annual school meeting 46 

Of petition for transferred children 51 

Of county examiners 22, 56 

Of change in district 17 

For separate districts 62-63 



o 

OFFICE OF STATE SUPERINTENDENT 9 

OATH OF OFFICE 20, 34, 64 

OFFICERS: ^ 

Election of, how certified , 47 

P 

PUBLIC SCHOOL {Bee Free School) . 

PROSECUTING ATTORNEY: 

Duties of as to school fund , 8, 61 

PERMANENT SCHOOL FUND 4 

PENALTIES 29, 34, 48, 54, 57, 59 

POLL BOOKS: 

To be used by directors in annual meeting ...;.. 10 

PATENTS : '^'^"'^9 



PETITION: 



For separate school • • • • 61 

For transfer 51 



92 SCHOOL LAWS. 

PHYSIOLOGY: 

To be taught in all schools 25 

PUNISHMENT 49-50 

Q 

QUESTIONS: 

To be furnished by state superintendent 10 

R 

RACES, SEPARATE SCHOOLS FOR 35, 51 



RIGHTS: 



Of district over funds 18 

Of parties transferred 51-52 



REGISTERS: 



Form of 10 

Who to furnish 10, 16 

Directors must procure 44 

Teachers' duties 16, 55 

RE-EXAMINATIONS: 

Required 24 

Renewals of certificates 24 

REVOCATION OP LICENSE 24 

RECORDS: 

Of state superintendent 10 



REPORT: 



Of state superintendent 11 

Of county examiner 20-27 

Of school directors to county examiners 47-48 

Of school directors to county clerk 47 



REMOVAL: 



Of teacher 24 

Of county examiner 28 



SCHOOL LAWS. 93 

RULES: 

What may be prescribed by state superintendent. . 10 

Of directors and teachers 49 et seq 

s 

SEAL OF STATE SUPERINTENDENT 14 

SECRETARY OF STATE: 

One of board of commissioners 8 

Shall be president of board 8 

May call meeting of board 8 

SEPARATE SCHOOL DISTRICTS 61 et seq 

SEPARATE SCHOOLS: 

For both races ||5, 51 

SALARY OP EXAMINERS 22, 29 

SCHOOL DIRECTORS (see directors) 33 et seq 

SCHOOL DISTRICTS (see districts) 16 et seq 

SCHOOL LANDS 69 et seq 

SCHOOLS FOR CITIES AND TOWNS 61 et seq 

SCHOOL HOUSES: 

Tax must be voted for 30-31 

Director to have charge of and contract for 36 

Not lawful to fix a site for, or vote tax for, when. . 46 

Private school may be taught in 53 

SCHOOL LAWS: 

State superintendent to publish 13 

SECTARIAN BOOKS PROHIBITED 56 

SIXTEENTH SECTIONS 5, 69 et seq 

Transferred to Permanent School Fund 76 

SPECIAL SCHOOL DISTRICT 61 et seq 

STUDIES: 

Report of 47-48 



94 SCHOOL LAWS. 

SUITS AT LAW: 

Directors' ^duties 45 

STATISTICS 12 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: 

Duties of with reference to common school fund ... 8-9 

Apportionment by Vi 

General duties of 9 et seq 

To publish laws and render decisions 13 

' Vacancy in office 14 

Not to act as agent 14 

To grant state certificates 14 

To recommend books, etc • 15 

Must examine county examiner . ■. • 22 

SUPERVISION OP. PUBLIC SCHOOLS: 

To whom confined 9 

STATE LANDS, TEN PER CENT OF SALES 3-4 

SUSPENSION: 

Power of •. 49 



TEACHERS' INSTITUTES 56 



TEACHERS: 



Assistants must hold license 37, 54 

Assistants must have contract ....'....• 37 

Cannot suspend pupils 49 

Causes for revocation of license. 24 

Certificates, grades of 14, 26 

Certificates cannot be renewed 26 

Certificates, valid, for how long 26 

Certificates expiring while teaching, effect of 54-55 

Ejfamination of 23 

May have license revoked 24 

Moral character of 24 

Must pay fees to county treasurer 22 

Must contract with directors 37 

Must hold license 37, 54 



SCHOOL LAWS. 95 

Must use register 44 

Must be reported by directors 47-48 

Must report infraction of rules 49 

Must be examined ' 23 

Must believe in a supreme being 24 

Must teach common school branches 25 

Must be re-examined, when 24 

Must attend county institutes 56 

Must not permit sectarian teaching 56 

Must not be charged for loss of time, when 56 

Penalty for failure to report 57 

Penalty for teaching without license 55 

Power as to rules 50 

Power as to corporal punishment 50 

Superintendent must hold license, when 37, 55 

Superintendent must have contract .\ 55 

What teachers must report 44 

With certain vices, may not teach 24 

Wages, how affected by revocation .....' _ 24 

Removal of *, 66 



TEXT BOOKS: 



State superintendent to prepare list of 15 

Directors to adopt , . . .' 40 

Uniformity of -. 40 et seq 



TAXES: 



How voted and levied 5, 30 

How collected 5, 51 



TREASURER: 



State 9 

County 13, 22, 58, 59 

Orders of directors upon 44-45, 55 

Duties as to funds of transferred children 51-52 

Commission on school fund 60 

TRANSFERS : 

General power 51 e^ seq 

Colored children, ten or less 51 

White children, ten or less • • . . 51 

Taxes of 52 

Rights of transferred persons to vote 52 

TRESPASS 57 



96 SCHOOL LAWS. 



V 



VACANCIES: 



In office of superintendent of public instruction.. 14 

In office of examiner 28 

In office of director 34, 63 



VISITATION: 



Of directors 44 

In separate districts 65 



w 

WARRANTS 45-46, 58 



